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Category: Property Law
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Does an assured shorthold tenancy agreement automatically

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Does an assured shorthold tenancy agreement automatically convert into a periodic tenancy or do both parties need to agree on this (or a new assured tenancy agreement)?
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: As we are reaching the end of the assured tenancy period of 3 years the property management company just informed us that we would now have periodic tenancy and supposedly would not need to sign anything etc.
JA: Where is the property located?
Customer: London
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No

Hi, thanks for the question.  I’m Chris and I’m a Solicitor in litigation matters. I will be happy to assist you and hope to provide a full response as quickly as possible.

This is a question and answer service rather than an instant chat service, and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can.

That’s correct. If it is an AST it just continues on. You would need to give a month’s notice if you wanted to go and the landlord would need to give (currently because of the COVID rules) 6 month’s notice.

However, if you wanted to protect yourself for longer you could try and enter into another fixed term.

Customer: replied 10 days ago.
Brief follow-up, when you say "it just continues on" this means that the AST automatically continues as a periodic tenancy without any agreement between the landlord and us as tenants? My initial interpretation was that an assured tenancy cannot be changed unless it is with the agreement of both parties.

Yes, the current AST with all the terms etc continues on periodically. It isn’t being changed as such, it will continue to be in force but on a periodic basis. Otherwise you would simply have to vacate at the end of the 3 year period. There doesn’t have to be an agreement, that is just the law. Give you protection to remain in the property.

Customer: replied 10 days ago.
Thank you. So then it is up to me to negotiate another AST or a longer break period / notice period as they are saying it would be just 2 months now. We would like to have a longer protection? What is the best strategy?

If you’re happy to stay and you can’t see yourself wanting to leave anytime soon, I’d try and get another fixed term. The 2 months notice is the usual landlord notice period outside the COVID legislation. Who knows when it might go back to 2 months, but I suspect it won’t be too long.

Customer: replied 10 days ago.
during the AST (3 years) they cannot convert it into a periodic tenancy correct? This would need to be agreed among both parties.

That’s correct. if it’s a fixed term it will always be a fixed term for that length of period. Only after that will it become periodic.

I hope I’ve provided the information you were seeking? If you need more help, please let me know so l can continue to assist you. Otherwise, thank you for using JustAnswer. All the best and hope the matter gets resolved.

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