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, Lawyer
Category: UK Property Law
Satisfied Customers: 7430
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Property Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

My tenant has rented from me for two years one year at a time.

This answer was rated:

My tenant has rented from me for two years one year at a time. It is my family home that I will be returning to when I return from working abroad for my company. I have just renewed the tenancy agreement for one more year period, which was an extension of the original agreement. At what point do tenants start to acquire rights to stay in your property (beyond the agreed period). I have heard that having the same tenant can lead to some issues. Can someone help me understand this better? Many thanks

Thanks for your patience.

If you have granted an ‘Assured Shorthold Tenant’ to the Tenant then you are not in danger of the tenant accruing any rights beyond what is specified in the tenancy agreement (eg. 12 month term at a fixed rent).

In order for a tenant to have additional rights to be evicted (ie. a ‘sitting tenant’) then have to have either been in occupation for many years (ie. since before 1997) or have been specifically granted an Assured Tenancy (not the absence of ‘shorthold’) by the Landlord.

I assume that you have granted them an assured shorthold tenancy and thus they have the right only to receive two months notice in accordance with s21 Housing Act 1988 with such notice to expire no earlier than the end of the fixed term. If this is the case then you have not granted them any additional rights and retain control of the property;

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,

Thomas and other UK Property Law Specialists are ready to help you

Related UK Property Law Questions