AST to periodic tenancy confusion?

Hi, I’m considering allowing my ASTs to lapse into periodic (rolling) tenancies, but I’m finding conflicting information about notice periods for rent increases.

According to Section 13, form 4, note 15: The first requirement, which applies in all cases, is that a minimum period of notice must be given before the proposed new rent can take effect.

That period is:

• one month for a tenancy which is monthly or for a lesser period, for instance weekly or fortnightly;
• six months for a yearly tenancy;
• in all other cases, a period equal to the length of the period of the tenancy – for example, three months in the case of a quarterly tenancy

None of this seems to cover a periodic tenancy, how can it when by its very nature it’s open ended? Strangely, although I’ve been pointed towards the Section 13, form 4, it seems it’s not applicable when you first roll over to a periodic structure, but I can’t confirm this.

Here’s what I found:

• The Citizens Advice Bureau (CAB) reiterate the section 13 statement.
• Shelter states it is one month.
• One solicitor says 28 days.
• Another solicitor’s 2 months.
• One letting agent says it’s not relevant if you amicably agree an increase.
• Another says to adopt the 2-month notification used by the section 13 form 4 itself.

I’m rapidly becoming confused and feel like issuing another set of AST until everything gets clarified. But that probably just puts off the problem.

I’m not in dispute with any of my tenants, but I want to get this right to avoid any possible future issues.

I’d appreciate any input.

Thanks,

Tim