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Tenant notice

Seek advice
Have tenant in property with a one year contract to finish at the end of this month 
They wish to extend however I want to move back into the property - with the contract finishing do they have any rights to remain?


  • Brie
    Brie Forumite Posts: 7,438
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I'd start with a nice polite conversation but if that doesn't work then I suspect you need to issue an official notice to vacate.  Maybe you can give them a couple of months to give them time to find something?  Most people are willing to cooperate.
    "Never retract, never explain, never apologise; get things done and let them howl.”

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  • anselld
    anselld Forumite Posts: 8,153
    Part of the Furniture 1,000 Posts Name Dropper
    edited 7 September at 9:34AM
    You could try asking nicely, but yes they have every right to remain until you serve the correct notice (Section 21) and obtain a Court order if necessary.
    PRAISETHESUN Forumite Posts: 3,368
    Fifth Anniversary 1,000 Posts Photogenic Name Dropper
    At the end of the fixed term, the tenant can chose to remain in the property on a periodic basis. Depending on the wording of your AST, the terms of this will vary but you cannot force them to leave. Only the tenant themselves or a court order can end the tenancy.

    I'd have a discussion with the tenant, but legally you will need to issue a s21 and go through the legal process if they refuse to leave voluntarily.

    See here for more info:
  • pinkshoes
    pinkshoes Forumite Posts: 19,786
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    As above, an S21 will need to be issued.

    Tea and cake is always the best way forward for now. Let them know your plans and try to be helpful.

    Are there alternative properties available at a similar price? If not then you could have a battle on your hands!
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • propertyrental
    propertyrental Forumite Posts: 1,663
    1,000 Posts Name Dropper
    Which country?

    Assuming England you can end the tenancy by
    * mutual consent (maybe offer an incentive)
    * serving a S21 and applying for a court possession order or
    * hoping they simply leave

    More here:
    Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

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