Fixing terms of statutory periodic tenancy – HA 1988 s. 6
Within 1st anniversary of fixed term end, landlord/tenant may propose new terms; if referred, tribunal decides reasonable terms (ignoring sitting tenant).
In this section, in relation to a statutory periodic tenancy,— “ the former tenancy ” means the fixed term tenancy on the coming to an end of which the statutory periodic tenancy arises; and “ the implied terms ” means the terms of the tenancy which have effect by virtue of section 5(3)(e) above, other than terms as to the amount of the rent; but nothing in the following provisions of this section applies to a statutory periodic tenancy at a time when, by virtue of paragraph 11 or paragraph 12 in Part 1 of Schedule 1 to this Act, it cannot be an assured tenancy. Not later than the first anniversary of the day on which the former tenancy came to an end, the landlord may serve on the tenant, or the tenant may serve on the landlord, a notice in the prescribed form proposing terms of the statutory periodic tenancy different from the implied terms and, if the landlord or the tenant considers it appropriate, proposing an adjustment of the amount of the rent to take account of the proposed terms. Where a notice has been served under subsection (2) above,— within the period of three months beginning on the date on which the notice was served on him, the landlord or the tenant, as the case may be, may, by an application in the prescribed form, refer the notice to the appropriate tribunal under subsection (4) below; and if the notice is not so referred, then, with effect from such date, not falling within the period referred to in paragraph (a) above, as may be specified in the notice, the terms proposed in the notice shall become terms of the tenancy in substitution for any of the implied terms dealing with the same subject matter and the amount of the rent shall be varied in accordance with any adjustment so proposed. Where a notice under subsection (2) above is referred to the appropriate tribunal , the appropriate tribunal shall consider the terms proposed in the notice and shall determine whether those terms, or some other terms (dealing with the same subject matter as the proposed terms), are such as, in the appropriate tribunal’s opinion, might reasonably be expected to be found in an assured periodic tenancy of the dwelling-house concerned, being a tenancy— which begins on the coming to an end of the former tenancy; and which is granted by a willing landlord on terms which, except in so far as they relate to the subject matter of the proposed terms, are those of the statutory periodic tenancy at the time of the appropriate tribunal’s consideration. Whether or not a notice under subsection (2) above proposes an adjustment of the amount of the rent under the statutory periodic tenancy, where the appropriate tribunal determine any terms under subsection (4) above, they shall, if they consider it appropriate, specify such an adjustment to take account of the terms so determined. In making a determination under subsection (4) above, or specifying an adjustment of an amount of rent under subsection (5) above, there shall be disregarded any effect on the terms or the amount of the rent attributable to the granting of a tenancy to a sitting tenant. Where a notice under subsection (2) above is referred to the appropriate tribunal , then, unless the landlord and the tenant otherwise agree, with effect from such date as the appropriate tribunal may direct— the terms determined by the appropriate tribunal shall become terms of the statutory periodic tenancy in substitution for any of the implied terms dealing with the same subject matter; and the amount of the rent under the statutory periodic tenancy shall be altered to accord with any adjustment specified by the appropriate tribunal ; but for the purposes of paragraph (b) above the appropriate tribunal shall not direct a date earlier than the date specified, in accordance with subsection (3)(b) above, in the notice referred to them. Nothing in this section requires the appropriate tribunal to continue with a determination under subsection (4) above if the landlord and tenant give notice in writing that they no longer require such a determination or if the tenancy has come to an end.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section applies when a fixed-term assured tenancy ends and the tenant stays on, creating a 'statutory periodic tenancy'. Its terms by default come from the old tenancy (except rent) under section 5(3)(e) – those are called 'implied terms'.
Either the landlord or the tenant can, within one year of the fixed term ending, serve a notice on the other proposing different terms (and possibly a rent change). If the other side doesn't refer the notice to a tribunal within three months, the proposed terms become binding from the date stated in the notice.
If the notice is referred, the tribunal decides what terms would reasonably be expected in a new assured periodic tenancy granted by a willing landlord to a new tenant – ignoring the fact the current tenant is already there. The tribunal can also adjust the rent to match the terms it sets. If both parties later agree in writing to stop, or if the tenancy ends, the tribunal does not have to continue.
When it applies
- A tenant wants to add a clause allowing a pet, so serves a notice proposing that term.
- A landlord wants to require the tenant to maintain the garden, and proposes that as a new term.
- A tenant thinks the rent should be reduced because the landlord added extra maintenance duties, and includes a rent adjustment in the notice.
- A landlord serves a notice to change the rent payment frequency from monthly to weekly.
- After a notice is served, the tenant disagrees and refers it to the tribunal within three months.
What this section does not say
- This section does not cover possession claims or eviction – see HA 1988 s. 7.
- It does not apply to the initial creation of a tenancy or setting the first rent – that is governed by other provisions.
- It does not apply to demotion of an assured tenancy due to anti-social behaviour – see HA 1988 s. 6a.
- It does not apply to housing association grants or other financial provisions in Part II of the Act.
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This page reproduces the text of HA 1988 s. 6 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.