PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
We're aware that some users are experiencing technical issues which the team are working to resolve. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Tenant notice

Options
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?

Comments

  • Brie
    Brie Posts: 14,497 Ambassador
    Part of the Furniture 10,000 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.
    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.

    Click on this link for a Statement of Accounts that can be posted on the DebtFree Wannabe board:  https://lemonfool.co.uk/financecalculators/soa.php

    Check your state pension on: Check your State Pension forecast - GOV.UK

    "Never retract, never explain, never apologise; get things done and let them howl.”  Nellie McClung
    ⭐️🏅😇
  • anselld
    anselld Posts: 8,633 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 7 September 2023 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.
  • 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_67759913
  • pinkshoes
    pinkshoes Posts: 20,526 Forumite
    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!)
  • 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?


Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.7K Banking & Borrowing
  • 253K Reduce Debt & Boost Income
  • 453.4K Spending & Discounts
  • 243.7K Work, Benefits & Business
  • 598.4K Mortgages, Homes & Bills
  • 176.8K Life & Family
  • 256.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.