renewing tenancy

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  • renewing tenancy

    I have a tenant who has come to the end of a 12 month agreement but who refuses to sign another one, he is still paying the rent and the letting agent has written to him telling him that the agreement has now lapsed and that if he stays and pays the rent he now is subject to a 2month notce period
    This is new to me, is it normal/legal, I don't want to end up with a sitting tenant but if he is paying the rent (and keeping the house in very good order I might add) I am happy to let him stay
    Any Advice
    Thanks

  • #2
    Is this letting in England & Wales, at a rate of rent not more than £25 000 per year? If yes and yes to those points, it's probably an Assured Shorthold Tenancy (AST) unless any of the exclusions applies (see Schedules 1 and 2A to the Housing Act 1988). Assuming that it's an AST, there are these options when the fixed term expires:
    1. T leaves. Tenancy ends.
    2. T stays. You grant a new tenancy, whether fixed-term or explicitly periodic.
    3. T stays. You do not grant a new tenancy. Section 5 of Act creates a statutory periodic tenancy (SPT), continuing the fixed-term's tenancy relationship. If rent was monthly in advance during fixed term, that is also the case during the SPT.

    Note that you cannot force T to agree to option 2.

    Lastly, your T is not a 'sitting tenant'. That expression instead means someone who holds a tenancy created by a landlord (V) who sells to P; T simply then has a new landlord but the same tenancy.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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    • #3
      Thank you Jeffrey, that is very helpful

      Comment


      • #4
        Tenancy renewal, eh?

        That's a common ploy on the part of letting agents who are trying to squeeze unnecessary fees for unnecessary paperwork out of landlords and tenants alike.

        Comment


        • #5
          Originally posted by relebats View Post
          he now is subject to a 2month notce period
          You can serve a section 21(4)(a) notice with 2 months notice - the tenant only needs to give one.

          Comment


          • #6
            Originally posted by Snorkerz View Post
            You can serve a section 21(4)(a) notice with 2 months notice.
            It's a precise two months only if served on the precisely-selected day. A Notice under s.21(4)(a) usually has to run-on to and inc. the end of a tenancy month as well (i.e. the first such month-end after a clear two-month period from the Notice date).
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


            • #7
              Originally posted by jeffrey View Post
              It's a precise two months only if served on the precisely-selected day. A Notice under s.21(4)(a) usually has to run-on to and inc. the end of a tenancy month as well (i.e. the first such month-end after a clear two-month period from the Notice date).
              Jeffrey is (of course) correct. The point I was making is that the 2 months notice can not be imposed upon the tenant.

              Comment

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