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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi. My tenants fixed term has been up for five months. I havent

Resolved Question:

Hi. My tenant's fixed term has been up for five months. I haven't renewed the contract but they are still living there. If I want to get them out do I just send them a letter and serve their notice?
Submitted: 4 years ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.

HelloCustomer/p>

 

Thank you for your questions.

 

If the shorthold tenancy has come to an end (ie. the fixed term has expired) then a landlord will be entitled to regain possession under s21 of Housing Act 1988 by serving two months notice in writing. You can download the form of s21 notice required from www.lawdepot.com and serve it upon the tenant appropriately.

 

If the tenant does not vacate after the notice period you can make a claim for possession yourself through www.possessionclaim.gov.uk/pcol/

 

If this has been useful please kindly click accept so that I may be rewarded for my efforts. It will be gratefully received and you will be free to ask follow-up questions.

 

Kind regards,

 

Tom

Customer: replied 4 years ago.
Ok - I am just worried that they have rights to my property such as squatters righst as they are living there under no contract at the moment. Do I need to get them out before a certain time period to stop them getting rights to the property? I am not sure when I want to get them out - I am guessing it will be in a few months so dont' really want to draw up a new contract for 6 months.
Expert:  Thomas replied 4 years ago.

Customer,

 

When the fixed term to your earlier tenancy agreement ran out the agreement then turns in to a contractual tenancy (ie. it effectively carries on on the same terms but with no expiry date). In effect, they do still have a tenancy to occupy the premises and you do not have to worry about about squatters rights.


Serve the notice in the appropriate form and follow the procedure outlined above.

 

If my advice has been useful please kindly click accept.

 

Kind regards,

 

 

Tom

Customer: replied 4 years ago.

Ok - if I think I will probably let it out to them for another six months do you think it is better that I draw up a new contract or just keep on this existing contractual tenancy? This is my last question before I accept the answer!!!

 

Thanks

Expert:  Thomas replied 4 years ago.

Customer,

 

The disadvantage with drawing up a new fixed term tenancy agreement is that earliest you could get them to vacate the property is upon expiry of the new fixed term (assuming of course that the maintain rent payments). It's up to you but I would have thought that allowing them to continue occupation on the present terms affords you more flexibility.

 

Just make sure you keep hold of the original agreement they signed.

 

Kind regards,

 


Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6387
Experience: BA (Hons), PgDip, Practising Solicitor
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