Creation of periodic residential rental agreement (1) A renter is deemed to occupy rented premises under a periodic residential rental agreement if—
(a) the term of a fixed term residential rental agreement ends; and
(b) the renter under that agreement continues in occupation of the rented premises—
(i) otherwise than as a renter under a fixed term residential rental agreement; or
(ii) in the case of a fixed term residential rental agreement for more than 5 years, otherwise than in accordance with a term in the agreement permitting the extension of the term of that agreement at the end of the fixed term.
(2) The rental period under the periodic residential rental agreement created by subsection (1) is—
(a) if the rental period under the fixed term residential rental agreement was more than one month, a monthly period; and
(b) if the rental period under the fixed term residential rental agreement was one month or less, a period equivalent to that rental period.
(3) Except as provided in subsection (2), the periodic residential rental agreement—
(a) in the case of a residential rental agreement for a fixed term not exceeding 5 years, is on the same terms, so far as applicable, as the terms of the fixed term residential rental agreement; and
(b) in the case of a residential rental agreement for a fixed term of more than 5 years, the periodic residential rental agreement is on the same terms, so far as applicable, as the terms of a standard form fixed term residential rental agreement not exceeding 5 years.
(4) On the application of the residential rental provider or the renter, the Tribunal may make any variations to the terms of a periodic residential rental agreement created under this section that are necessary for or appropriate to the continuation of the agreement.
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