Q&As

Is it possible to create an agreement to renew an assured shorthold tenancy rather than it becoming a statutory periodic tenancy (a rolling tenancy)?

read titleRead full title
Published on LexisPSL on 27/04/2021

The following Property Q&A provides comprehensive and up to date legal information covering:

  • Is it possible to create an agreement to renew an assured shorthold tenancy rather than it becoming a statutory periodic tenancy (a rolling tenancy)?

Is it possible to create an agreement to renew an assured shorthold tenancy rather than it becoming a statutory periodic tenancy (a rolling tenancy)?

The question raises issues with regards to the situation that arises when the fixed contractual term of an assured shorthold tenancy (AST) under the Housing Act 1988 (HA 1988) expires.

An AST can only be brought to an end by obtaining an order for possession and executing it. Execution of an order for possession is secured by warrant of possession executed by a bailiff (CPR 83.26(1)). If a fixed term tenancy expires without an order for possession being obtained and executed, then the tenant is entitled to remain in possession under a statutory periodic tenancy.

The statutory periodic tenancy is a separate tenancy to the fixed term. It is expressed to take effect immediately on the expiry of the fixed term. In most cases, this will be the start of the day following the last day of the fixed term because, absent any other wording in the tenancy agreement, the fixed term ends at midnight on the final day. It is for that reason that the statutory provisions relating to the protection of deposits taken in connection with ASTs were amended. The amendments, brought into effect in light of Superstrike Ltd v Rodrigues, mean that, provided the protection requirements are met in relation

Related documents:

Popular documents