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Tenant notice
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MangoDreams
Posts: 1 Newbie
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?
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?
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Comments
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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.I’m a Forum Ambassador and I support the Forum Team on Debt Free Wannabe, Old Style Money Saving and Pensions boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.
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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.
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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: https://forums.moneysavingexpert.com/discussion/comment/67759913#Comment_677599131 -
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!)0 -
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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