Question regarding tenant

redskyatnight_2

I have a property that I rent out and have been renting out since 2006. I have had a few tenants in there, and the first few were awful; making a mess of the place, and one of them didn't pay the rent half the time.

In May 2010, a couple with one child moved in, and to be honest, they have been really good tenants; they pay the rent early all the time, they have decorated the house nice and they complain about very little.

They have signed 12 month contracts each time, and they are due to sign again on 15th May. However, I got a message from the property agent I use saying that the tenants like living there and they have no problems, but they have found themselves in a position where they don't want to sign a long lease again.

They said, because of personal circumstances, and the fact they may need to leave the area anytime in the next 4 to 8 months, they are reluctant to sign a long lease. They may stay til August or September or October; they're not sure.

So the property agent said that an option is for them to go on a 'periodic tenancy,' which is one where the old tenancy agreement rules apply, the date for the new tenancy rolls past, and they just stay as long as they need to. They only have to give one month's notice to leave, and I have to give two months notice.

But I am worried about this; I am worried they will just leave at the drop of a hat, leaving me only a month to get a new tenant, and this new 'arrangement' seems much more beneficial for the tenant, rather than the landlord. (me.) The property agent said that the tenant won't leave us high and dry and will give as much notice as humanly possible, before leaving. I am still concerned though.

Can I refuse, and say I want them to leave, when the tenancy ends on 15th May? Because I would much rather get a tenant in that will sign 12 month contracts, and not one where they can just get up and leave with only a month's notice.

Someone told me I have no right to make them leave and I HAVE to agree to this. I am a bit worried. They are good tenants, but I am worried about being left in the lurch. I have a mortgage to pay on that property, and the rent only just covers it. So I really don't want a gap between tenants. That is why I prefer them to sign a longer lease.

Can someone help please?

martinsurrey

so you'd rather delve into bed with an unknown tenant, and a guaranteed void now, rather than get as much good rent you can from a good tenant.

As you’ve already been stung by bad tenants I just have one question.

are you mad?

redskyatnight_2

Well I'm not mad, I would just rather have a tenant that has signed a 12 month contract. I am just worried about them only having to give a month's notice. And I wondered if it was true that they are quite within their rights to stay if they want, and leave when they're ready, without signing another lease in May?

theartfullodger

Cherish a good tenant. Be flexible & helpful to a good tenant. I ALWAYS ensure tenancy moves to periodic after the initial fixed term. Gives me more flexibility.

Your agent is against periodic as he can't charge you & tenant £££ for reprinting the Tenancy at a cost of, ooohh, £1:23?

McKneff

Could you negotiate and ask if they would sign an agreement for them to give yo 2 months notice.

If they are good tenants I would be hesitant to risk getting some tenants the like of which youve had before.

redskyatnight_2

theartfullodger wrote: »

Cherish a good tenant. Be flexible & helpful to a good tenant. I ALWAYS ensure tenancy moves to periodic after the initial fixed term. Gives me more flexibility.

Your agent is against periodic as he can't charge you & tenant £££ for reprinting the Tenancy at a cost of, ooohh, £1:23?

No, I didn't say that. The agent was the one that suggested it to the tenant; it's 'me' who is against it, because I don't like the idea of them only having to give one month's notice.

And is it true that they can carry on living there as long as they like, even 'after' the tenancy expires, as long as they pay the rent? ie; it will automatically default to periodic? Can someone answer that for me please? Thank you.

martinsurrey

But a tenant who signs a 12 month contract might not be a tenant who pays their rent...

They don’t have to sign a new contract and if they don’t it becomes a statutory periodic tenancty automatically.

You can stop this by evicting them.

If all the paperwork is in order (so deposit protected and correct information given) you can START to evict them by giving them a s21 notice.

If you do that tomorrow you can apply to a court for a possession order on 15th may at the earliest (2 full rental months otice), a court date might take 6 weeks after that, then once you have the order, you need bailiffs to kick them out, this can take a few weeks again.

Once you’ve kicked them out you will have a void period.

Take their money and be glad, hope they stay as long as possible, you never know what you may end up with after them.

If you cant afford void periods or repairs, being a land lord is NOT for you.

redskyatnight_2

Thank you Martin, but can I evict them for basically 'nothing?' Just because I want someone to sign a full 12 month tenancy...?

I have been told - by a work colleague - that I am treading on dangerous ground, and could be in danger of unfair treatment towards them? is this right? or can I just literally say 'I want them out' with no recourse, as the tenancy ends anyway on 15th May?

If I evict them? What grounds do I have to evict?

martinsurrey

s21 is a no fault notice, no need to give a reason. If correctly served a court has no option but to grant possession to the owner.

Your work colleague is dangerously misinforming you. I suggest you ignore them.

But I also think you are bordering on insane to kick out a good tenant.

DRP

redskyatnight wrote: »

No, I didn't say that. The agent was the one that suggested it to the tenant; it's 'me' who is against it, because I don't like the idea of them only having to give one month's notice.

And is it true that they can carry on living there as long as they like, even 'after' the tenancy expires, as long as they pay the rent? ie; it will automatically default to periodic? Can someone answer that for me please? Thank you.

sounds like you need to do some proper research.

Essentially their tenancy converts to a month by month periodic contract unless you choose to go through the process to evict them.

theartfullodger

It will become periodic even if you take court action.