Tenant with no contract - I'm the landlord!

ManicMum

Hello

hope you can help. I have a tenant who had a 6 month initial contract (England & Wales). We then just went to a month by month basis. They have been there about 3 years noe. They have always paid rent on time and have had no problems with them. We are on really good terms. I know I should have got another contract in place but just not got round to it. I can hear you all now - yes, probably very silly.

I am looking to sell the property soon (tenant not aware as yet) so my question is should I get a contract in place? If there is no contract as such, what would thhis mean. ie. could tenant refuse to move? I don't envisage any problems but just trying to cover all bases.

Thank you.

LydiaJ

I hope one of our landlord posters will be along soon to confirm this, but I don't think you need to do anything. A 6 month AST automatically becomes periodic if nobody does anything at the end of the 6 months, so the contract you already have is fine.

ETA Bear in mind that things don't always go smoothly if you are trying to sell the house while the tenant is still in it. The tenant probably won't want the house to sell, so won't be motivated to make it look its best for viewings.

slummymummyof3

When are you looking at selling the property as an assured shorthold tenancy is usually for 6 months I think.

Pitlanepiglet

You're fine, your tenant is on a periodic tenancy, you need to give two months notice ending on a rent day. Personally I'd try to give the tenant a little longer if you can.

Lavendyr

Remember though that even serving notice doesn't mean the tenant has to leave when it expires - they could give you a big headache refusing to leave and making you go to court to obtain a court order to evict them.

N79

Pitlanepiglet wrote: »

You're fine, your tenant is on a periodic tenancy, you need to give two months notice ending on a rent day. Personally I'd try to give the tenant a little longer if you can.

Nearly - but given the importance of getting the date exactly right (otherwise a court will throw out the possession case) I have to point out that this is wrong.

OP - you indeed have a periodic tenancy which in order to end you need to give at least 2 months notice ending on the last day of a rental period.

BTW there is nothing silly about not renewing a contract and allowing a periodic tenancy to come into being.

Jowo_2

There is a tenancy in place, even without paperwork - acceptance of rent creates it, despite the lack of contract.

A periodic tenancy requires you to give the tenant 2 months notice with its expiry timed to end with the rental period whereas the standard fixed term contract length is 6 months (this is a common length because landlords generally can't evict a tenant who is not in rent arrears before the first 6 months).

Have a look at the landlordzone website to understand how to serve an S21 notice and for information on tenants rights (i.e. how to take further action to gain possession of the property if the tenant refuses to leave as a court order is the only option if a tenant does not cooperate). Note that a very large minority of landlords complete this document incorrectly and their case gets thrown out of court on this technicality meaning the landlord has to start from scratch again.

Are you planning for the tenant to have left by the time you start marketing a property? Many posts are made on this forum by tenants who are inconvenienced by viewings, its their home too, and if a tenant does not wish to cooperate and give permission for access, that's their right and there's nothing you can do.

Is the tenant employed or on benefits? The reason I ask is that Housing Benefit/Local Housing Allowance tenants are more likely to approach their local council for rehousing and local authorities regularly tell their tenants to ignore the notice and wait until the landlord has got a court order, that if they leave before then, they will be defined as having made themselves intentionally homeless and they won't qualify for any assistance. Those that want social housing are most likely to remain in the property, plus those who have trouble finding another private landlord to give them a tenancy as they have no choice.

ManicMum

thanks guys. relief to know contract still ok. scared stiff now having nightmares about him not leaving. i was going to market it with him in it. Can't afford not to really as husband about to lose his job and until then on reduced hours week. Main reason why want to get shot. Tenant has been great so far though i realise that could all change. He did let me market if before when tried to sell it but house didn't sell, though think that was more to do with economic climate. I know it's still bad but improved a little in terms of house-selliing i am led to believe.

cheers