UK Property Law
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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/
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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.
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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!!!
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.
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