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Tenant A and tenant B enter into an assured shorthold tenancy (AST) with a landlord for a term of six months, which then continues as a monthly periodic tenancy. Tenant B then vacates the property and tenant A continues to occupy the property for the same rent and the landlord prepares a new AST. Tenant A does not sign the AST but continues to occupy the property. Is tenant A still an assured shorthold tenant? If so, pursuant to what agreement or is it implied?
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Published on: 17 June 2022
At the end of the fixed term of the Assured Shorthold Tenancy (AST), unless the Landlord obtains an order from the court, or there is a surrender or other action on the part of the tenant (such as both of the tenants vacating the property), a statutory periodic tenancy will automatically arise by virtue of section 5(2) of the Housing Act 1988 (HA 1988).
The fact that one tenant vacates the property will not prevent the statutory periodic tenancy from arising provided that at least one tenant occupies the property as their only or principal home.
The
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Assured shorthold tenancy definition
What does Assured shorthold tenancy mean?
The most frequently used tenancy agreement in the letting of residential properties to private tenants. These agreements are regulated by the Housing Act 1988.
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