Extending a fixed term tenancy agreement

Can I extend my tenancy? What is a fixed term tenancy? Ending and extending a shorthold tenancy. A fixed term tenancy agreement will allow the tenant to occupy the property for a fixed period. How To Extend A Tenancy Agreement You, the landlor should extend terms of a subsequent lease (new lease contract) to your tenant at least days before existing one expires especially if you are raising the rent by the allowable amount.

If you do not issue a new lease , the existing one will automatically roll over to a month-to-month lease. The tenancy is renewed for a new fixed term. The landlord or the tenant decides not to continue the tenancy. You can only end your fixed term tenancy early if your agreement says you can or by getting your landlord to agree to end your tenancy.

If your agreement says you can end your fixed term tenancy early, this means you have a ‘break clause’. Create a new tenancy agreement and add the new terms and conditions in there (this will create a new fixed term tenancy ). If the only change is a rent increase , you can serve a rent increase notice and the new tenancy can roll into a periodic tenancy. Create a separate counterpart document that contains the new terms. The notice period will depend on the tenancy or agreement , but it’s usually at least weeks.

Break clauses If there’s a break clause in the tenancy agreement , you can give your tenants notice. Similarly if a landlord enforces a break clause during the fixed term , a statutory periodic tenancy would arise. Many private tenancies start as fixed term assured shorthold tenancies. Your tenancy agreement will tell you when the break clause can apply.

This period of time is the ‘term’ of the tenancy. Where the term is set out in the tenancy agreement, it is usual to refer to the agreement as ‘fixed term’, as it will be for a fixed period of time. This will normally be for six months or a year. Less commonly, it can be for other periods of time.

The advantage for landlords and tenants is security. This is because the renewed shorthold tenancies will give an initial minimum fixed term of months and the monthly rental income will typically be fixed during this period as well. If there is no new tenancy agreement a landlord can give the tenant notice. If you want to stay on in the property once your fixed term tenancy has expired you should ask your landlord for a new tenancy agreement. Without a new agreement you will become a periodic tenant and can be evicted much more easily.

If your tenancy is a joint tenancy it may be more difficult to stay in the property if the other tenants wish to move. This means the tenancy continues for an indeffinite period (potentially many years) on the same terms and conditions that were in the original tenancy agreement unless both landlord and tenant agree otherwise. Why sign a new fixed - term tenancy agreement ? This new periodic tenancy will: Start immediately after the fixed term ends Be deemed to be between the same people who were the landlord and tenant at the time the fixed term ends Be in respect of the same premises Be ‘periodic’ which means it will run from period to period – normally monthly or.

We normally issue six year fixed term tenancies to new tenants of working age, which includes a probationary year. Fixed term tenancies are different from the ‘lifetime’ tenancies, which have no set end date. Clarion Housing tenancy policy sets out which tenancies we offer for different types of housing.

Paying your rent is a priority and must be paid in full, in advance and on time. If you issue a new fixed term agreement , the main difference will be that both you and T would be locked into the contract for the fixed term (unless you evicted for not paying rent or agreed an early surrender), which may or may not suit you. However, strictly, a tenancy cannot be extended.

If you purport to extend a tenancy then (depending on how you do it) you either grant a reversionary tenancy or effect a surrender and regrant. Trying to avoid using the word extend is a bit like trying to avoid using the word agree before a contract is concluded.