Tenants refusing to renew Tenancy Agreement

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    Tenants refusing to renew Tenancy Agreement

    Hi all, I have tenants in a property that are refusing to renew their tenancy agreement. They havn't paid rent for a long time. My question is....Can I serve them a months notice to vacate the property?

    #2
    Assuming tenants/property is in England/Wales and they originally had an AST agreement, they do not need to renew. The day after the Fixed term ends, an SPT automatically arises.

    You can give notice, but will need to apply to court to enforce it. Perhaps you can provide some more info so we can give more advice:

    When did tenancy start - exact date?
    When did fixed term end - exact date?
    Did you take a deposit?
    Is it protected and did you give tenant the prescribed information? Have you proof of this?
    How much behind with rent are they?
    How many months does this equate to?

    Depending on the above, there are different types of notice you can give, but be prepared it will take much longer than a month to legally get them to leave!

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      #3
      No.

      On the expiry of their agreement, the law provided them with a periodic tenancy (section 5, 1988 Housing Act).

      You can either
      serve a section 8 notice giving 14 days notice before commencing court eviction process; or
      serve a section 21(4)(a) notice giving between 2 & 3 months notice before commencing court eviction process

      The tenancy does not end until either they give notice (and you accept) or you get a court order and it is enforced by the court bailiffs.

      How much is currently unpaid?
      How much is the monthly rent?
      Did the tenants pay a deposit?
      Do you have a guarantor?
      Is the tenants deposit protected in a government approved scheme (when?)
      Have you provided T with the info required by section 213(6) of the 2004 Housing Act (when?)

      Comment

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