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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
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We have lived for the last 4 years in a fixed tenancy property.

Resolved Question:

We have lived for the last 4 years in a fixed tenancy property. We are in our fifth year. Each year we recieve a letter extending to the next year. Our land lord wants us to move so he can move into the property to knock it together with the other 2. There are several other houses on the country estate, does he have to rehouse us or do we have no rights once our tenancy is over?
Submitted: 7 years ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 7 years ago.



When does the fixed term of the current tenancy expire, when does he wish you to vacate and have you received and formal notice requiring possession?



Customer: replied 7 years ago.
Next April. No have spoken to him and he is still deciding what to do but I imagine he will ask us to leave in April. My eldest daughter is at the school here, we can't afford to buy or to pay the usual rents here.
Expert:  Thomas replied 7 years ago.

Right. If you are occupying under an assured shorthold tenancy then he is required to serve a s21 Housing Act 1988 notice upon you no later than two months before the fixed term is to expire. If he does not do so then the notice is invalid and you will not be required to vacate until he serves a valid notice. He may serve this at any time.


If he does not serve the notice (or serves an invalid one) and you remain in occupation beyond the fixed term then the tenancy turns in to a statutory periodic tenancy which means that it continues on the same terms but from one rent period to the next, so month to month if you pay your rent montly. In this circumstance the landlord is still required to serve you a s21 notice giving two months notice to vacate.


Beyond that he does not have an obligation to rehouse you I'm afraid. If you are concerned about finding new accomodation then I would advise you to contact you local authority three months before the tenancy is to expire.

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