Rolling into open end tenancy

Landlord Discussion
1

Hi, after a one year fix term with my current tenants we have agreed to roll forward to an open end periodic tenancy.

  1. the original fix term was through openrent, the website suggest it is automatically switching to an open end so both side don’t need to do nothing. (not changing any terms, not increasing rent etc) is that fine? feel like I need to sign something renewal with the tenants…

  2. what happen to the deposit currently held on mydeposits? do I do nothing as well? even it is go over the original fix term date? it is fine to hold on there until one day either one of us decide to end the tenancy?

thanks for any help!

2

I signed a 6 month tenancy with a lad 20 years ago we just let it roll over . He has always paid . Works for me Still there.

3

I would advise you to ensure your rollover is contractual and not statutory.
That is better for you in so many ways.
If it is statutory I would advise a six month AST with the roll over a periodic (remove the preceding statutory adjective or replace it with contractual adjective).
This means your periodic is an extension of the fixed terms so your conditions apply.
If you are rolling over onto a statutory ensure you serve all required documents in advance of contract again ( new how to rent version 5, Gas certificate, EICR, EPC ) as a statutory is classed as a new contract ( it’s arguable but I’m covering worst case scenario)

If nothing has changed with tenants, landlord and address then you need to do nothing but just check with my deposits to be sure ( I am speaking for DPS)

Do you want to increase rent?

4

Assuming its now a statutory periodic tenancy, the only things you need to do are:

  1. serve a new copy of How to Rent, as this has changed in the last 12 months
  2. get an EICR report done immediately if you haven’t already
  3. if you deposit is with the insured scheme, check with them whether it needs renewing
5

Look at the dates of the certificates for EPC and Gas as if they were renewed you would need to serve them too

I reserve everything to avoid confusion

6

A new tenancy at the same address and for the same tenants does not require the EPC or the GSC to be re-served.

7
8

Landlords can re-serve everything when the tenancy goes periodic if they wish, but there is no requirement to do so. Only the documents I mentioned.