How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6434
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Property Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

Type Your UK Property Law Question Here.. Hello My wife and

Customer Question

Type Your UK Property Law Question Here..
Hello
My wife and I are currently having a problem with our tenant. His current contract runs out at the end of October ... and we are offering him a nine month contract. He is currently claiming housing benefit for the rent and is refusing to sign a new contract with us. He rambles quite a lot, but amidst some of the things he is saying is that he has spoken to his solicitor and saying that we cant make him leave etc ... I gather that he is refusing to sign a new contract so that his tenancy is an undetermined time. Where do we stand if he refuses to sign a new contract ? (he pays rent still but often very late... but we will want to move back in to the flat ourselves next year after the nine month contract)

UPDATE: At the moment, we feel that he is going to be a pain, and use the law to his advantage when it comes to moving out ... so we are just trying to do what we can to prevent the worst happening. What are his rights if he refuses to sign a new contract, or should we not sign a new contract?

thanks
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

Hi,

 

If the tenant is occupying the property under an assured shorthold tenancy which expires then the tenancy will become a statutory periodic tenancy, this means that the tenancy continues on the same terms but from one rent period until the next (eg. month to month if paid monthly).

 

If you wish to take possession in these circumstances then you would have to serve a 21 Housing Act 1988 notice giving him two months notice with such notice to expire on the last day of a rent. It is very important that the notice is in the correct form and a simple google search for "s21 notice statutory periodic tenancy will generate a list of document providers.

 

If the tenant does not leave by the expiry date on the notice then you will need to apply to the court for a possession order. Provided the correct procedure has been followed in issuing the Section 21 notice, the court will have no choice but to grant the possession order so that the tenant vacates. If he does not after such an order you can apply for warrant for execution from the Court so that the bailiffs evict him.

 

If he has persistently paid rent late then you could serve a s8 Ground 11 HOusing Act 1988 for which the notice period is only two weeks and you could do this now. If the tenant does not leave after the notice period and the Court accepts that they have persistently paid rent late then they will make an order for possession.

 

If you sign a new tenancy agreement with the tenant then they will have a right to possession of the property during the term of that tenancy agreement.

 

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

Kind regards,


Tom

 

Customer: replied 3 years ago.
thank you... I am trying to work out whether it is best to sign a new agreement or not.

i am not in a position right now to ask him to leave, as i am not available to find a new tenant.

If we can just give him the Section 21 notice next year, then that should be sufficient? Am i right to assume there is no value to a new contract then?

thanks
Expert:  Thomas replied 3 years ago.

If you execute a new tenancy agreement then he will have a right to stay there until the term expires, he becomes in arrears with his rent or continues to pay rent late.

 

If you just allow him to stay there beyond the fixed term of the current tenant then it does at lease give you some flexibility in that you will still be able to serve a s21 notice (two months notice) at any time to require him to vacate. If you sign a new tenancy agreement you will lose this flexibility so I should think that if he is not minded to sign a new agreement anyway then I would avail yourself of this flexibility.

 

If he wishes to leave the tenancy once it becomes a statutory periodic tenancy then he is only required to serve one months notice on you. Right not he could leave at the end of the fixed term without serving any notice upon you.

 

Hope this clarifies, if so please click accept.

 

Kind regards,


Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6434
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Property Law Specialists are ready to help you
Customer: replied 3 years ago.
Sorry to ask again, but how long after the two month section 21 notice does the court order and then bailiff notification take? (on average)
Expert:  Thomas replied 3 years ago.

Thanks for your kind accept.

 

If you have a written tenancy agreement then you can use the accelerated possession procedure so that a Court hearing will no be necessary. THis would take around 2 weeks, perhaps a bit more.

 

If you do not have a written agreement then you will have to wait for a hearing and this could take 3-5 weeks.

 

INstructing bailiff thereafter can be done quicker but it depends how otherwise engaged they are at the actual court you make the application to.

 

Kind regards,

 

Tom

Customer: replied 3 years ago.
hi Tom
Thanks for that .... we will have an assured tenancy agreement that will expire soon.... I have a feeling that the tenant is waiting for the Bailiff letter so he can use that to show the council and secure Housing Benefit accommodation afterwards ... thats my feeling on it.

Expert:  Thomas replied 3 years ago.

Okay, good luck.

 

Kind regards,


Tom

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    2289
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    2244
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    1198
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    809
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/AJ/ajlaj01/2012-5-9_14051_Profile1.64x64.jpg Alex J.'s Avatar

    Alex J.

    Law

    Satisfied Customers:

    400
    LPC, 2 Years Conveyancing
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    212
    Barrister 17 years experience