UK Property Law
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Is the tenancy an assured shorthold tenancy?
Yes this is the case.
Okay, until they have signed the new tenancy then it is not enforceable and until that time they will occupy the property as a statutory periodic tenancy. This means that the tenancy continues from one rent period to the next (monthly if rent is paid monthly) but otherwise on the same terms.
Notice and viewings is really a matter for negotiation between you and the tenant. Reasonable notice in the case of viewing would probably be upon 24 hours notice. One viewing a week is very restrictive however and I should have thought you would require more than that in order to offer a reduction in the rent.
If you are to sell the property in the new future then I wouldn't get them to sign a new tenancy agreement since any purchaser would have to be okay with the tenants for the duration of the term. Instead I would say "allow viewing on reasonable times on pre-arranged days otherwise I will serve you with a notice to vacate" if they agree to this then fine - you can just allow the tenancy to continue on a stat periodic basis. In some ways it's the ideal situation for you provided they agree to visitations because it affords you flexibility.
You would still have to serve a s21 notice in the normal way, on two month notice with such notice to expire on the final day of a rent period. You can get the correct form of this notice from any of the online document providers.
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thank you for your answer this has been very helpful and I will accept the answer ijust wanted a little more clarity on this point below.
"You would still have to serve a s21 notice in the normal way, on two month notice with such notice to expire on the final day of a rent period. You can get the correct form of this notice from any of the online document providers.
If the rent due is on the 7th of the month will I have to give notice from that point so in effective if I miss the 7th of this month to serve a s21 would the tenancy end on the 7th of septemeber or if I served notice today would it be two months from the day that I serve notice?
The notice would have to expire on the 6th of a month (i.e, the final day of the rent period), so you would have to serve the notice upon the tenant before the 7th of the month two months before the expiry (and a good few days before to be safe).
You've missed the 7th for this month, so you could serve the notice on the tenant next month with the notice period stated to run from 7th July until 6th September. To be safe make sure you post it to them by registered post no later then 30th June because of the weekend.
You could not serve it today with the notice period to run from today (but it would be taken to be the day the tenant receives it - three working days if by post) because the two months would not expire at the end of the rent period (6th).
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thanks for your help sorry still not clear as to one point. I can not serve notice until next month before the 6th for two months to end 6th september. So effectively its 3 months until I can get them out if I serve a s21. Given the contract I have given them expires 6months from the 7th of Feb would it better to try and get this signed and returned to me, also how long is it reasonable to keep the contracts once I have served it to them without them signing and returning to me. So effectively is thier any period by which the contract comes into effective once I have given it to them.
That's correct, but they may not know that so you can still attempt to use it as leverage.
Given that they new tenancy (were they to sign) expires at the same time that a valid s21 notice would expire I don't really think it makes any odds. You will have a lower rent obviously but if you include an express provision in the new contract as to visits then you will have that as an express written term.
If they were to enter the new tenancy you would still have to serve a s21 referencing that new tenancy two months before the end of the fixed term in order that you can get them out when the fixed term expires. If landlords want tenants out at the end of the fixed term they always have to serve a s21 notice at least two months before the tenancy's expiry date.
Thanks for this I think I have a clear idea of what I need to do. But to confirm dose the same apply to the tennants for instance from what I have been reading they only have to give 1 months notice. Dose this notice need to be served in the same way e.g the 7th of the month has now passed so if they were to give notice thier effective end date would now be the 6th of August is this correct? Also if they fail to comply with reasonable notice to enter the property what else can I do.
This is my last response and I thank you in advance for your help as it has been extremely useful.
Sorry it's taken me a while to reply - I'm afraid I had to pop out.
The tenant need only provide one months notice in order to vacate an SPT, it must be in writing (as must yours obviously) and it must expire at the end of the rent period in the same way as your notice.
There is limited amount you can do if they do not comply with reasonable notice for viewings, it's not really an act over which you can evict them an early than previously stated ways. If you negotiate the new contract and have it included as a specified contractual provision then it gives you some security but it would be difficult to sue over because you could not point to direct financial loss I'm afraid.
You're going to have to try and practically manage them on this point I'm afraid.
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