Six months short hold tenancy ended. Tenants don’t want to draw a new contract. Is it ok if they continue living there with out a contract strong text
Not sure what 'strong text ’ means
I assume they signed a six month AST.
If so then they just go onto a periodic. If the periodic is statutory resend all the documents. The new how to rent guide (v5), gas certificate, EPC and EICR
If it is a contractual periodic then no need to serve documents
It’s fine to go onto a periodic
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I’d go further and say its better for you if they’re in a periodic contract.
You need only re-serve the How to Rent document, and only then if its changed since your first issued it. If you deposit is protected with an insured scheme, check with them if anything needs renewing there.
There is still a Contract. Everything in the original contract is still in force.
Then let them go onto a periodic. It’s not a problem
How to rent changed in December 20. If anything else was recertified send that too.
They can leave with a month’s notice. You don’t have the security of another fixed term.
Is it a contractual or a statutory periodic?
Whats everyone’s historical experience of the letting agents contracts ? At the end of the fixed term do they tend to revert to statutory periodic or contractual periodic ?
Read your contract
It will either say statutory periodic or contractual periodic
I’d say mostly SPT, but its academic since most agents have no intention of allowing the tenancy to become periodic. They make their money from persuading the landlord and tenant to sign up to a new contract and then charge for the service.
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Letting agents have to accept it if LLs tell them they prefer it to roll over to a periodic tenancy . Personally I’m happy to go with what the tenant prefers .
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Check your contract asap. You don’t want to fall foul of not re-serving docs if it has become statutory periodic by default.
The open rent standard contract defaults to periodic in the contract which means it’s contractual periodic which is good .
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You make a good point ie if it’s statutory periodic by default you have to serve the docs again eg how to rent book copy of gas and electric checks EPC , right to rent ( I bet 90% of LLs don’t which is a worry as a S21 may be harder to apply) but if it’s contractual periodic ie it’s actually stated in the original AST agreement then you don’t . The standard openrent contract is the latter which is a good thing in my opinion .
If its statutory period, you only have to serve How to Rent, (if its changed since first served), but none of the other documents you mention. You should also check your deposit requirements if you have an insured deposit.
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