Tenant's rights over and above shorthold agreement

  • Filter
  • Time
  • Show
Clear All
new posts

    Tenant's rights over and above shorthold agreement


    I am considering selling my rental house in Cardiff. One tenant has been on annually renewed shorthold agreements for over 10 years. Does this give him any rights over and above those in the shorthold agreement. In other words, does his long stay prevent me from getting him to leave when the latest shorthold agreement expires?



    Long-term Tenancy

    Tenancies commencing before 28 Feb 1997 defaulted to a fully assured tenancy if the correct notice (assured shorthold notice) had not been served and the landlord does not have proof of this service.
    Tenancies after this date default to an AST without the need for any notice.
    Therefore, if this tenancy has defaulted to a fully assured tenancy due to the absence of a notice the tenant has security of tenure and could be difficult to remove.


    Latest Activity


    • ‘Swapping’ a tenancy?
      by KittleSkittle

      Just wanting to check something. If a long standing tenant on a periodic tenancy agreed to move to a different property to suit the landlord, would a completely new six month AST with all appropriate documentation need to be set up? And would the deposit for the existing property...
      01-03-2021, 16:44 PM
    • Reply to Whos responsible for slow draining bathroom sink and black grout? Landlord or Tenant?
      by Codger
      I long ago learnt to trust in rubber gloves and have unblocked plugholes drains gullys and sewers. Where theres muck theres brass as they say. In the above case i would leave a plunger behind.
      most tenants take the hint if you turn up in a collar and tie to unblock a plughole!
      01-03-2021, 16:36 PM
    • Whos responsible for slow draining bathroom sink and black grout? Landlord or Tenant?
      by Bounce

      I was wondering if anybody could help me and tell me who could be responsible Landlord or Tenant?

      One of my properties, the tenant has been in there about 2 years and normally has always called me direct for any little problem.

      I then went through months where...
      17-01-2018, 21:53 PM
    • Reply to Legal question
      by KTC
      I'm afraid it may be worth speaking to a wills and probate solicitor for advice.
      01-03-2021, 16:09 PM
    • Legal question
      by mind the gap
      Hi all, hope you're keeping safe.

      Not sure which forum to put this in - happy for Moderator to move if appropriate.

      Scenario is as follows. In 2018, elderly widower changes the will he made jointly with wife in 1980s. He does it all properly, using a solicitor and include...
      01-03-2021, 13:01 PM
    • Reply to Notice Period to Tenants
      by annam222
      Yes I really do not want to serve anything formal. I will let them know in a few months that I am considering selling the flat in approx May next year. If I can then switch to periodic month by month from August this year then hopefully that means I can avoid any long notice period. But I won't bring...
      01-03-2021, 16:00 PM
    • Notice Period to Tenants
      by annam222
      Hi all,
      I rent out my flat using an estate agents let & collect service. It is rented out using an assured shorthold tenancy agreement of 12 months (no break clause). The 12 months ends in August this year. I have just been told by the estate agents that "due to Covid the law has changed...
      01-03-2021, 14:54 PM
    • Reply to Notice Period to Tenants
      by jpkeates
      The best thing to do is to talk to the tenants and let them know about the possibility of selling the property.
      That gives them plenty of time to plan their move and find somewhere else to live.

      If you go straight to a formal notice it can do a lot of damage to the relationship....
      01-03-2021, 15:51 PM
    • Reply to Another way to suffer from Covid
      by Hudson01
      You say he can afford the rent... how do you know that ? Does he work ? The idea of claiming under a '' false statement '' will be very difficult to prove, i would seek the assistance of a professional agency who can check all your paperwork and get this parasite out.
      01-03-2021, 15:45 PM
    • Another way to suffer from Covid
      by P'd off of Romford
      Hi Guys

      Yes, sorry, this is another tale of woe, for which I apologise in advance....

      FirstIy, I have Multiple Sclerosis, and as a result, can no longer work in my professional field.

      For this reason, I have recently rented out my former home, as a means of a small...
      01-03-2021, 11:27 AM