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Changing the Terms (England) | During the Tenancy (England) | England

New contract for existing tenant

6 Jan 2022 | 1 comment

The contract with our current tenants was provided by an agent and does not include the provision of moving to a contractual periodic tenancy. We are not using the agent any more. The current contract runs out on 22nd January and the tenants wish to stay and we are going to use your contract. At the beginning of the current contract they paid monies to cover the period to the end of January and then have been paying on 1st of every month. They have already paid the full monthly rent for January. Is it OK to date the contract as running from 23 January 22 to 31st January 23? ie is there any reason why the contract has to be exactly 12 months. It just seems easier money-wise to make it end at the end of a month. Thank you.


1 Comment

  1. guildy

    Firstly, we don’t think there’s any need to do anything and instead just leave this running as a statutory periodic tenancy. Although we prefer the clause making it a contractual periodic, it’s not a big deal and wouldn’t be worth the extra work of a renewal in our view.

    However, if you do want to do a renewal, that is also absolutely fine.

    If doing a renewal, in this case we would start the new tenancy from 1 February 2022 and expire 31 Jan 2023. It makes no difference to the tenant because they’re protected by the statutory periodic tenancy, which will begin on 23 January until 31 January (assuming the new tenancy commences on 1 February). This is a simpler and neater approach in our view.

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