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Frequency or Duration

  • Prior to the 1996 Housing Act the minimum term a tenancy could be granted was for a minimum of 6 months.
  • Post the '96 Act it can be for any period.
  • However, it cannot be enforced within 6 months.
  • Should the parties agree only 6 weeks at the outset and the tenant prior to departure announces they rather like the house and wish to remain they are entitled to do so.  The way round this is to ensure that should the tenant do so, the rent will increase ten times the initial rent.  This acts as an incentive to comply not just with statute but the contract.
  • Tenancies can be granted weekly, fortnightly monthly quarterly and annually but avoid any other periods.  Mandatory grounds for eviction make no provision for other than the above and so it could be messy albeit not illegal.
  • It is possible to have a tenancy for up to 3 years less a day.  3 year and more must be created by deed.
  • Never agree to a 4 weekly tenancy as this period is not provided for in the court mandatory grounds of section 8 notices.
Published: 8 November 2013 Last Updated: 17 November 2021