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


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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Hi, I am a new landlord and on completion of current AST tenure okay to go on to periodic tenancy. What is the best way to change the contract to incorporate agreed increase to rent as well as adding guarantor in the priodic tenancvy?

You cant amend the existing tenancy. You just serve a s13 notice once the tenancy is periodic to increase the rent.

You can ask the tenant for a guarantor, but they dont have to agree and probably wont. The time to ask for guarantors is before you offer any tenancy. Why do you want one now?

I wanted to include a guarantor as in the AST due to financial affordability failure they paid full 1 year rent in advance. Hence need a gurator ror a periodic tenancy.

An offer of a years rent in advance is not the reassurance youve assumed it to be. If the tenant cant really afford the rent from their regular income then youre just kicking the can down the road, delaying the day when you have to deal with that fact and realising that it can take a year to evict someone for rent arrears. For most landlords I know it would be a red flag and certainly not something I would ever consider accepting.

You cant compel the tenant to find a guarantor now, nor can you compel them to sign any new tenancy agreement. I would suggest you just try to manage any arrears that arise and evict them if they build beyond an acceptable point.

agree with David, if u think u r worried, may be u let them. leave

Thanks for the feedback, appreciate it.

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