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Cannot commit to new 6 month term - LL reluctant to accept statutory periodic

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376 views 1 replies latest reply: 08 July 2015

Hi all,

I came to the end of my assured shorthold tenancy on the 11th of June 2015, and the agent sent us a new 6 month fixed term contract to sign. However, I am in the position where I am not sure I can commit to a new fixed term. I emailed the agent requesting they ask the landlord if it is ok if we stay on the statutory periodic tenancy which arose at the end of the fixed term, or alternatively we could sign a contractual periodic contract. The reply I got today was this

Dear Mr XXXXX and Miss XXXXXX


With reference to your email of the 29th June, and my reply to you of 30th June 2015, I have now had final instructions from your landlord in the matter of renewal of contract.


Your landlord is unable to offer to you a statutory periodic tenancy, due partly to the lack of rent guarantee insurance being available on this tenancy type.


Legally, your tenancy expired on 11 June 2015 and you remain in the property on an authorised basis, not a periodic.


If you wish to renew the tenancy for the term previously agreed with you, i.e. a six month term from 28 June 2015, then please sign and return the tenancy agreements sent to you on 11 June 2015, no later than 5.00pm on Friday 10th July 2015


If you now intend to leave, then please confirm the date on which you will be vacating, together with your forwarding address and instructions concerning the keys.  This is without prejudice to our client’s legal position.


Please ensure that you confirm you intentions to us by 5.00pm on Friday 10th July 2015.


If we do not hear from you by this point, we are instructed to seek an order for possession and costs through the County Court, without further notice to you.


We hope that this course of action can be avoided.


Yours sincerely



Now I’m unsure of how to proceed. I am confused at some of the language used, for example that my LL is “unable to offer me a statutory periodic tenancy” and the line “Legally, your tenancy expired on 11 June 2015 and you remain in the property on an authorised basis, not a periodic.” doesn’t fit with anything I’ve read about what happens at the end of an assured shorthold tenancy.


Other relevant information is that we were served a section 21 the last time we renewed the contract, and I am unsure if this section 21 is still valid or whether they would have to issue a new one.


Really, the underlying thing is that we want to stay, we want to pay the LL rent, we have never been a problem, we’re just unsure about how much longer we can stay. We could stay for at LEAST another 3 months, possibly 6, and possibly even more than that.


What is the best way forward?







I’m not a lawyer but, as far as I know, when a tenancy comes to an end a statutory periodic tenancy arises. The only way that you’d be there on an ‘unathorised’ basis would be if you had been served with a possession order already. Perhaps you should ask them for the section and name of the legislation that defines ‘unauthorised occupation’ as opposed to the statutory periodic tenancy that arises under the Housing Act.

Having said that, I don’t think there’s a time limit on a section 21 notice, which probably means they could obtain a possesion order straight away without any further notice. This can take a couple of months and they would then have to get court appointed bailiffs to remove you but it might be a rather stressful process. My only query would be whether they would have to serve you with a specific section 21 for a periodic tenancy now that that is what you’re in – it might be worth asking Shelter or Citizens Advice about that as it would mean they would have to re-serve you.

One option is to deal directly with the landlord as agents are just difficult and yours doesn’t seem particularly well informed. However, it may be that your only option is to take the six months and commit to it as you don’t have a right to stay as a periodic tenant once you’ve been given notice.


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