Brilliant. I think Ill sign a contract for something and then tell them ‘I dont wish to comply anymore’ … that will work!
Can you tell me why OpenRent haven’t included this in their contracts @Dan4 ? It seems crazy that they haven’t, when contracts are supposed to be clear and easy to understand.
The clauses dealing with the guarantor will apply any periodic contract that follows on from the fixed term.
Periodic occupation contracts in general that follow on from the fixed term will have the same terms as the fixed term contract aside from that will also include the statutory provisions applicable to periodic occupation contracts. This is at S184(5) RHWA.
Daniel - OpenRent team
Thanks for clarifying that @Dan4. But we still need to provide a written statement for the periodic contract?
It seems confusing as (4) says F and S terms revert to unmodified (assume statutory?) terms, but then (5) says periodic will carry the same terms as the fixed.
(4)The fundamental and supplementary provisions applicable to periodic standard contracts are incorporated as terms of the new contract without modification.
(5)Subject to subsections (3) and (4), the new contract has the same terms as the fixed term contract immediately before it ended.
Hi @Dan4 ,
I don’t understand why OpenRent would set their Welsh Occupational Contracts up so that the Fixed term would be different to the Periodic term…?
You state, in your reply to me, that the Periodic term will have the same terms as the Fixed, but then go on to say, 'aside from that will also include the statutory provisions applicable to Periodic contracts.
It seems ludicrous that OpenRent have taken care to remove some of the terms from the fixed term but not the periodic term.
Other Landlord Service providers have ensured that ALL TERMS renain the same asbthe contract moves into the Periodic term.
I realise that I could issue a new contract after the fixed term. However, that could give guarantors the chance to opt out of their role.
After using OpenRent for 10+ years, I currently do not feel comfortable with their setup for Welsh contracts.
I look forward to hearing your views.
Thanks
Viv
Yes, this seems very confusing, and ambiguous doesn’t it @DavanProps ??
Despite @Dan4 's reply, I am still none the wiser. It either is under the same terms, or it isn’t
So @Dan4 , do we still need to provide a written statement when tenancies turn periodic (in 2024)? If so, whynis this?
…and would you be kind enough to clarify exactly the differences between a standard fixed term occupation contract and a periodic one, please?
TIA
I’d be very grateful if someone from OpenRent’s legal team could answer and advise on this please, as I am still unsure of the terms that will change if I allow the contract to become Periodic.
I don’t really want to have to reissue a new contract every year, an have to chase everyone to sign again.
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