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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71048
Experience:  Over 5 years in practice.
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I am the landlord, renting a house on a 6 month short hold

Customer Question

I am the landlord, renting a house on a 6 month short hold tenancy agreement (been running month to month for about 18 months) to a man and woman. The woman has informed me the man has left. The woman wants to continue to rent the house. I have not heard from the man. What do I need to do re the contract to allow the woman to stay? Do I need it in writing from the man what his intention is? James Kinnear
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Have you served a S21 notice?
Customer: replied 2 years ago.

No I have not served a S21 notice. One of the tenants has told me the other tenant has left

Customer: replied 2 years ago.

No I have not issued a S21. Please read my original question

Expert:  Remus2004 replied 2 years ago.
Your question does not comment upon S21 notices?
Was a new AST signed at the end of the first ?
If not, why was there no S21 ?
Customer: replied 2 years ago.

When the original AST ended I thought it could just go month to month. The tenants having to give one month notice and me having to give 2 months notice IF either wanted to end AST

Expert:  Remus2004 replied 2 years ago.
Their AST has flipped over into a periodic tenancy agreement. To end that you need to serve a S21 notice naming both parties to the tenancy agreement regardless of whether he has left. You need to send it to the property address either by recorded delivery or delivery by an agent or any other recorded means.
That does need to be on or before the rental date and for no less than 2 months. However, that will bring to an end the agreement.
Then you can issue a fresh agreement with one tenant or you can evict them as you wish.
Of course, that might not make much difference in the mind of the male tenant but that is because people don't always understand the law as it applies to them. If he tries to return he will be a trespasser. In any event, at that stage you can always change the locks although you cannot do it now.
Can I clarify anything for you?
Customer: replied 2 years ago.

I do not wish to end the agreement. It is not me wanting to change anything. The woman wants to stay. I am happy for the woman to stay. Can she stay without ending the agreement? If anyone is ending the agreement, is it not the tenants?

Expert:  Remus2004 replied 2 years ago.
If she does that then the male tenant will be allowed to stay because the agreement includes both of them.