We have been lucky with this tenant after 2 disasters and so would want them to stay. The tenancy isn’t up until June so if they want to leave a) when do they have to tell us and b) when do we ask if they want to stay?
We used openrent for the tenancy agreement with the 6 month break clause, so do they have to give 2 months notice if not renewing? I will admit to being dumb but the break clause confuses me - I know its 2 months from month 4 to leave at month 6 but is it 2 months notice from then on, including if they’re not staying?
You dint need to renew that tenancy, it will continue on a periodic, (usually monthly) basis on the same terms. I never renew contracts because its in both parties best interest to let it become periodic
They dont have to give you any notice, assuming you haven’t given previous notice if they stay beyond last day then it automatically becomes periodic.
I would normally ask with 2 months to go although if notice period stays at 6 months then you would have to go periodic anyway if they dont want to commit for another year.
I have a break clause at month 6 in my tenancy agreement that requires two months notice on either side. So, I ask my tenant about renewals just a little before 2 months to the end of their current tenancy and if they don’t wish to renew, I ask them to confirm in writing that their last day in the property will be the last day on the tenancy (or earlier). Seems to have worked well for me so far.
I’m new to being a landlord, so forgive my question…its not loaded but a genuine question!
My tenants AST will be going periodic next week which is fine but I was wondering what differences I need to be aware of, as you have mentioned its beneficial, can you expand on that? I can’t seem to find anything apart from it being beneficial if they are problem tenants. Surely renewing an AST offers more security for both parties if landlord and tenant are happy? Genuinely am I missing something?
Thanks Joanna
Hi Joanna. Basically, it gives the landlord more flexibility. It’s less of a benefit at the moment because of the extended notice periods, but it means that you could serve a s21 or some s8 notices immediately if things turn bad, rather than having to wait. (These notices can’t expire during the fixed term). It also saves you almost all of the admin of a new tenancy, (and cost if an agent is doing it). It works best if you use a contractual periodic tenancy agreement and set the initial term to 6 months. It then continues with the same tenancy but on a monthly contractual basis.