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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71135
Experience:  Over 5 years in practice.
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A tenant whats to renew there tenancy for another 12 months

Customer Question

A tenant whats to renew there tenancy for another 12 months when the present one expires in a months time. Landlord wants tenant to go on a perioic tenancy when present tenancy runs out. tenant wants the security of a 12 months AST. Who is right landlord or tenant?
Submitted: 4 years ago.
Category: Property Law
Expert:  Remus2004 replied 4 years ago.
Thank your for your question. My name is Jo and I will try to help with this.

Is there anything that makes you think that one or the other side is correct? Isn't it a matter of wishes on both sides?
Customer: replied 4 years ago.

FOR JOMO1972 we have tenants that are happy to accept and go on a periodic tenancy but this tenant wants to sign another AST for 12 months for the security to have the property for 12 months as opposed i assume to a perioic which the landlord has to give 2 months notice. which one is the best for the tenant?

Expert:  Remus2004 replied 4 years ago.
Well, it depends what the tenant prefers.

Some tenants prefer the security of an AST as it means they cannot be evicted for 12 months unless there are substantial breaches. Equally though it means they cannot give notice either and some tenants prefer the flexibility of being able to do so under a periodic agreement.

Otherwise they are similar agreements. They have quiet enjoyment of the property etc and cannot be removed without proper notice.

It depends whether your tenant's goal is security to be able to stay or the flexibility to be able to leave.

Can I help further?

Customer: replied 4 years ago.

No Thanks.

Expert:  Remus2004 replied 4 years ago.
No problem.

All the best.