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Does A Fixed Term Tenancy Automatically Become A Statutory Period Tenancy?


Kats
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I've got another question before signing my tenancy contract - the contract does not specifically state that it will become a statutory periodic tenancy after the fixed term has ended. Does it automatically become this by law even if it's not mentioned in the contract, or should it say so in the contract? (It's an assured shorthold tenancy.) I'm trying to avoid being forced to sign a new fixed term agreement at the end of the fixed term as I would prefer a periodic tenancy after 12 months and am not sure if I should ask for this to be added to the contract. Thanks!

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It automatically becomes one (I had a legal opinion from a lawyer on that). The only thing to watch out for is if they serve a Section 21 on you. See the link above as there has been a lot of discussion on the implications of that.

http://www.housepricecrash.co.uk/forum/index.php?showtopic=50262

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If the tenancy is an AST (or indeed any type of assured tenancy) when it ends then, as a matter of law, if you continue in occupation after the fixed term has expired a statutory periodic tenancy arises. See section 5 of the Housing Act 1988: http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=housing&Year=1988&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=2128236&ActiveTextDocId=2128247&filesize=8797

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