Hello my name is ***** ***** I will help you with this.
What date (or thereabouts) was the AST first signed please?
Do they say on what legal basis the mother has a right to stay?
Can I please respond to any of your questions in about 30mins ?
Hello are you there ?
Sorry for the delay
The AST was signed on 8/5/2014
They do not refer to any legal basis
Hello - can you please reply
Thanks. Sorry I was just having a snack!
An AST has a right to be terminated.
They only have limited rights.
As Landlord you have more rights. Once an agreement has expired (or is close to expiring) you only need to give 2 months notice, as you have done.
If the tenant refuses to move then you can issue proceedings for possession
There is no right to remain until alternative accommodation is found
The grounds for evicting in this case are set out in the Housing Act 1985
This includes for obtaining the property back
Does it make a difference if part of the rent is paid through social services even though they pay the rent privately ?
If it was the case she was being evicted because you had not paid the mortgage then she could extend it by 2 months
But on the basis of an AST there is no right to remain for alternative accommodation
There might have been if it was an assured tenancy. But its an AST
There is no right to stay once the fixed period is up
Can I clarify anything for you about this today please?
How do you advise we respond ?
Ask on what legal basis they make their assertion
There is none
i.e. respond to the tenant?
You have given notice, if they do not move then you can issue proceedings for possession
Therefore on the basis of your advice I presume we can rely of the terms of the written / agreed AST
Are you aware any possible legal basis which supports their proposed action ?
I can't think of anything. Only if the mortgage lender is repossessing and then it extends 2 months
Is her state of health / age / disability relevant ?
No. But you may want to consider morally your position too and see if you can help make any transition easier
Thank you - can I get in touch with this service if there are any further communications ?
Yes, just put any future questions for ALEX W - then I can pick them up
Should I respond to the tenants email of today or leave it be
I would leave it and send a letter formally setting out the position
Thank you for your help
Can I clarify anything else for you?
Not at the moment - but I will get back to you after sending out the formal letter
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