This is a question to the blog clinic from Kevin (not his real name) who is a tenant.
My landlord included the following in the STA:
“Upon expiry of the Term, the Landlord may at their sole discretion request or require that the Tenant enter into a new tenancy agreement. For the avoidance of doubt, the Landlord will under no circumstances be required to offer a periodic extension to this tenancy agreement.”
Can they do that (i.e., explicitly prohibit the periodic agreement)? Isn’t that illegal?
Answer
No, a landlord cannot prohibit a periodic tenancy. Or rather he can put the wording in the tenancy agreement but it won’t be effective.
Although actually if you read the wording properly it says that he will ‘not be required to offer a periodic extension’. Well, your landlord does not have to ‘offer it’, it will happen automatically.
If at the end of your fixed term your landlord requires you to leave on the basis that you don’t have a tenancy – you can tell him that you have and refer him to section 5 of the Housing Act 1988.
You can also tell him that if he tries to get you to leave without getting a Court Order for possession first that is illegal under the Protection from Eviction Act 1977. It will make him vulnerable to prosecution AND it will entitle you to claim compensation.