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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7481
Experience:  BA (Hons), PgDip, Practising Solicitor
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How can our landlord finish our tenancy

Resolved Question:

How can our landlord finish our tenancy?
Submitted: 5 years ago.
Category: UK Property Law
Expert:  Thomas replied 5 years ago.

Hi

 

Is this a residential assured shorthold tenancy?

 

What is the term of the tenancy?

Tom

Customer: replied 5 years ago.
YES
Expert:  Thomas replied 5 years ago.

What is the fixed term of the tenancy agreement?


When does it expire?


Tom

Customer: replied 5 years ago.
THEY EXPIRED FIVE YEARS AGO.WE ONLY HAD A CONTRACT FOR THE FIRST TWO YEARS.THEY WERE THEN YEARLY. WE HAVE NO CONTRACT.
Expert:  Thomas replied 5 years ago.

Hi,

 

You had written tenancy agreement and the length of this tenancy agreement was two years. This has expired and you have not received a further tenancy agreement and have just continued to stay in the property and pay monthly rent.


is this correct?


Tom

Customer: replied 5 years ago.
yes,tom. As I said before,our landlord hasn't maintained the property in any way. What I really want to know is on what grounds can our landlord terminate our agreement. If we ask him to make repairs,can he just give us notice? Or do the repairs and then raise the rent?
Thank you.
Expert:  Thomas replied 5 years ago.

Hi,

 

If your assured shorthold tenancy agreement has expired the it has now become a statutory periodic tenancy. This means that the tenancy continues on the same terms but from one rent period to the next (so from month to month if you pay your rent monthly)

 

This means that your landlord can at any time serve you with a s21 Housing Act 1988 notice requiring possession. The notice period for this is two months and must expire on the final day of a rent period.

 

He can do this at any time regardless of whether you request repair.

 

He can only raise the rent if you agree to or if he serves a s21 notice and before the notice period expires offers you a new tenancy on different terms (ie. at a higher rent).

 

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Kind regards,


Tom

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