OpenRent Community

Periodic or New AST

Hi i wonder if i could get some help or information on a situation. I work for a landlord and one of his tenancies are coming to the end of its period. Like with other properties if there hasnt been an increase in the rent we create a periodic agreement. However with this particular property the rent has not changed however the landlord is no longer paying the council tax and has advised that the tenant pays this. The previous AST included all bills. What should i do. Is there a periodic agreement where we can specify that the rent is the same however the terms have changed or do i scrap the whole periodic and go with a new AST with the new terms?

I look forward to your feedback

Nes

new a s t best to get all on paper

Periodic agreements arise automatically once the fixed term ends so I’m not clear what you mean by ‘we create a periodic agreement’. Rent increases can also be covered by a s13 notice and don’t require a new tenancy agreement. It there is a material change such as bills no longer being included then I think you probably do need a whole new tenancy agreement. You can make this periodic from the start if you wish and I think it would be a Replacement Tenancy as defined by s21(7) of the Housing Act 1988.

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