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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7618
Experience:  BA (Hons), PgDip, Practising Solicitor
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My tenant has rented from me for two years one year at a time.

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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;

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Kind regards,

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