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12 month tenancies ...
07/03/2017
11:38 am
DaveyBoy
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Hi everyone, just looking for a bit advice on 12 month tenancies really if anyone can help please?

- How common are they?

- Would you give a good tenant one, who's been with you for over 3 years?

Any advice/experiences would be gratefully received.

07/03/2017
12:24 pm
David Price
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DaveyBoy said
Hi everyone, just looking for a bit advice on 12 month tenancies really if anyone can help please?

- How common are they?

- Would you give a good tenant one, who's been with you for over 3 years?

Any advice/experiences would be gratefully received.

No, a tenancy longer than six months can be a pain.  Good tenants can turn bad so don't risk it.

Have a clause in your six month tenancy which specifies that the tenancy continues at the end of the fixed period as a contractual periodic tenancy.  This gives you the ability to evict a badly behaved tenant using a section 21 and gives the tenant a measure of security.

08/03/2017
12:36 am
PaulBarrett
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DaveyBoy said
Hi everyone, just looking for a bit advice on 12 month tenancies really if anyone can help please?

- How common are they?

- Would you give a good tenant one, who's been with you for over 3 years?

Any advice/experiences would be gratefully received.

All a year tenancy does is stop you from increasing rent for a year.

It does not guarantee the tenant will stay for a year.

With a 6 month AST at least you could increase rent with a new AST for 6 months after the previous one expires.

Or you could allow a 6 month AST to proceed onto a CPT and issue a S13 to take effect once a total of 12 months have elapsed.

That is what I gave always done with the exception of my AST proceeds onto a SPT.

It is my understanding that it is better for council tax issues to ensure an AST has the CPT clause in it.

Most standard AST quote moving onto a SPT after a 6 month fixed term AST has expired.

08/03/2017
8:23 am
David Price
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PaulBarrett said
That is what I gave always done with the exception of my AST proceeds onto a SPT.

It is my understanding that it is better for council tax issues to ensure an AST has the CPT clause in it.

There are several reasons why an Contractual Periodic tenancy is better, council tax when the tenant does a runner remains with the tenant (an SPT gives the responsibility to the landlord) and a CPT is a continuation of the original tenancy hence no deposit re-protection is needed, okay I know Superstrike and its aftermath has resolved this but I would not risk anything with deposit protection, there are too many rogue solicitors trying to catch unwary landlords for clerical errors.

It is also important to have a clause stating that the tenancy ends at midnight.  This will ensure that the landlord does not become responsible for the council tax on the last day of the tenancy.

10/03/2017
8:08 am
rigsby
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I personally also as a rule grant 6 month tenancies but you have to judge each tenancy by its own merits. If for example I had a pair of doctors with a good guarantor who had been in the property for a couple of years i dont think its a unreasonable request and a fairly safe bet. 

I also agree with David in regard to tenancies continuing as a "contractual" periodic tenancy not a "statutory" for the council tax point mentioned. Though they did/do have a down side if you have a historic tenancy and were planning to use the S21(4)(A). But that becomes less and less of a issue as tenancies come under the new s21 rules when renewed. 

13/03/2017
7:36 am
lister14
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What is the difference between a Statuary Periodic Tenancy and a Contractual Periodic Tenancy?

and is it just a matter of changing the wording on the tenancy agreement. Has anyone got a copy of a CPT they could share.

Thanks in advance for your advice.

13/03/2017
9:03 am
David Price
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lister14 said
What is the difference between a Statuary Periodic Tenancy and a Contractual Periodic Tenancy?
  

Wording for AST

"If no notice of surrender of tenancy is issued, then at the end of FIXED TERM the tenancy automatically becomes a Contractual Periodic Tenancy, all terms/conditions being unchanged"

A Statutory periodic tenancy is a NEW tenancy of less than six months.  For council tax purposes there is a residency requirement.  If your tenant does a runner then you become liable for council tax.

A Contractual periodic tenancy is a continuation of the original tenancy.  For council tax purposes there is no residency requirement.  If your tenant does a runner then the tenant remains liable for council tax.

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