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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 814
Experience:  Solicitor with over 15 years experience.
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Troublesome tenant and an issue with the contract Hi, I

Resolved Question:

Troublesome tenant and an issue with the contract
Hi,
I maneuvered myself into a bit of a pickle with my tenant and the contract. The 1-year short-hold tenancy ended on 6 September 2014; there is no clause in the contract which facilitates a rolling term after the 1 year. The contract has a guarantor.
Still, I allowed my tenant to stay until 15 November; I did this because I misinterpreted the applicability of Section 21, Clause (1)(b), of the 1988 UK Housing Act: I did not realize that clause 21 applies while a contract is in force -- not after a contract has expired.
Now I am weighing my options -- should I give my tenant a new contract as soon as possible; or should I get her out on 15 November (I have informed her in writing of this date)?
To help me decide, what is the situation regarding the guarantor? If my tenant does not pay rent from now on, is the guarantor still liable?
Many thanks,
Customer
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.
LondonlawyerJ :

Hello I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

At the end of the fixed term of the tenancy a monthly periodic tenancy will arise.tenancy

LondonlawyerJ :

You can give your tenant a new agreement if you want but a valid periodic tenancy exists now. Whether the guaruntor is still bound will depend on the terms of the guaruntor agreement but if that has been drafted in an orthodox manner they will still be bound by their guaruntee.

Customer:

Many thanks! I suppose this means that I can give my tenant a new contract at any time, or I can get her out?

Customer:

Does she have special protection because she is 5 months pregnant?

LondonlawyerJ :

You can get her out on 2 months notice. She has no extra protection through being pregnant.

Customer:

Thanks. Before I rate you, let me think about the conversation for a bit. I might have another question.

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