UK Property Law
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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.
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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.
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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.
Okay, good luck.
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