I’m a first time landlord with just the one property.
My tenants moved in during deepest lockdown when 6 months notice was required.
They signed a 6month AST and because the statutory notice period was 6 months due to COVID I entered 6 months as the notice term in the tenancy.
Times have moved on, the tenants didn’t sign a new AST so I said we were now in a periodic tenancy with the same terms as before.
So, question is, am I stuck with 6 months notice (under Section 21) or does Section 21 mean 2 months is sufficient?
I know I’ve been a bit naive but like I said, I’m a newbie.
Many thanks for any replies!
I think you’re probably stuck with 6 months notice. Best not to tinker with tenancy agreements.
Thanks for your reply David122.
I assume if me and the tenants enter into a new AST at that point I could ask for a two month notice period?
Appreciate your help.
Your best bet is to join the NRLA for now where you would be given advice on the various aspects and you will also be able to extract the relevant documents for whatever procedure you want to follow. (Also in the first place the Tenancy Agreement would have covered all the legal aspects to keep you on the safe side) The AST has now defaulted to periodic as the you did not renew the Tenancy and you should contact the company that you secured the deposit with straightaway if you have not done so already to re-register the deposit as periodic, they will issue another certificate to reflect the Tenancy status that you must give to your Tenant.
Also the Tenancy has defaulted to AST and the normal post covid notice period will apply and not six months…
You can’t default into an AST.
I meant that the Tenancy has defaulted to periodic…
Thanks for your input Ola.
You say it would be 2monhs notice.
It’s a different view to that of David122 who said I’m stuck with the 6 month notice period.
Which is correct I wonder?
I don’t believe you have to re-register the deposit as periodic. According to TDS “The tenancy is protected under TDS deposit protection until its end. As the tenancy turning periodic does not indicate the end of the tenancy, then the deposit would not need to be re-protected provided the tenant(s), landlord(s), premise, and deposit scheme all remain the same.”
That’s correct. No need to do anything with the deposit.
I am with “My Deposits” and when the fixed term expires and the Tenancy defaults to periodic, you need to inform them and they will issue a specific one that states periodic.
Thanks again everyone for your replies
Its very helpful
I’m with MyDeposits too with my last tenant (through OR) and have never heard that. The law is, as long as nothing changes or the tenancy doesn’t end nothing needs to be done.
I did a quick search on the MyDeposits website and couldn’t find it. Can you please provide a link? If they in fact do, I need to know.
I will have a look and revert, it may be better to pick up the phone and get clarification from them, perhaps I am misunderstanding the topic…but i don’t think so. What happens is when the fixed term is near expiration My Deposit will contact you to confirm if you are renewing or if the Tenancy goes to periodic they will issue a certificate, I have them here and if you need to evict the Tenant it is required, I have had to produce it in court
There is no fee to update to periodic, just mentioning…
Ive looked at the TDS website which states there is no need to protect the deposit again if the periodic tenancy continues on the same terms.
If theres a material change (such as rent or change in tenants)then the deposit needs re protecting.
Im pleased to be alerted to this as Im considering increasing rent and wouldn’t have realised I needed to do re protect.
I should add. The requirement to re protect only applies to Insured deposits.
If it’s a custodial deposit no action is required. TDS assume the AST has rolled over to a periodic tenancy.
Yes, I did protect the deposit under the Insured scheme…