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  • Legal FAQs

    Periodic to Fixed Term AST

    I have had a tenant on a periodic tenancy for sometime and I'm looking to put them back on to a fixed term tenancy with a below market rent increase and GF is no longer living at the property.

    Any advice would be appreciated.

    1) What happens if the tenant refuses to go on to the fixed AST - e.g. status quo or terminate altogether

    2) Are there any legal implications of doing this at all? I don't think there is but wanted to confirm.

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    1. If the tenant won’t sign a new agreement the periodic tenancy will continue unless you end it

    2. The main implication  is a new fine terms so you and the tenant will be bound to each other for a further fixed period. Certainty as against flexibility

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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.

    If the GF is on the original tenancy, she can also end the tenancy. She may want to do this as she will be jointly liable for the rent. If she does end the tenancy then you can not evict the BF yourself but will need to follow the normal court process. You can also give him a new tenancy agreement.

    Even if you don't do this, you can still increase the rent using a section 13 notice. If your tenancy agreement has clauses about increasing the rent these may take precedence over a section 13 notice - see https://www.landlordlawblog.co.uk/2009/06...tenancies/ and https://england.shelter.org.uk/legal/rent..._increases

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