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LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 818
Experience:  Experienced solicitor
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I own a flat which has been rented on a shorthold tenancy agreement

Customer Question

I own a flat which has been rented on a shorthold tenancy agreement to a brother and sister. She has given one months notice and am I right in thinking this ends his tenancy ? He has also got a dog in the flat which there was no agreement for. I want him out, will this be a breech of tenancy ?
Submitted: 2 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
The rules on how and when a tenancy can be ended depend on whether the tenancy is fixed-term (for a set period of time) or periodic (rolling from week to week or month to month).
A fixed-term tenancy cannot be ended early unless all of the joint tenants agree and either:
your landlord agrees that the tenancy can end early (this is called a 'surrender'), or there is a 'break clause' in your tenancy agreement, which allows you to give notice and leave early.
If you have a periodic tenancy, or the fixed-term has ended and your tenancy has not been renewed, one tenant can end the whole tenancy and does not need the agreement of the other joint tenants. The landlord must be given a valid written notice and there are special rules about how and when this must be done.
Customer: replied 2 years ago.

Its a periodic tenancy and one tenant has given written notice. The other tenant wants to stay, but I want him out. How do I go about this ?

Expert:  LondonlawyerJ replied 2 years ago.
If you want them out and they are on a periodic tenancy give them the standard 2 months notice and issue accelerated possession proceedings if they don't go.
Customer: replied 2 years ago.
Relist: Incomplete answer.
Answered half the question, what about the breech of tenency re the dog ?
Expert:  LondonlawyerJ replied 2 years ago.
Unless the dog has caused some damage you should forget about the dog. You might be able to retain some of the deposit if there is damage. If the tenancy is now periodic then accelerated possession proceedings are the quickest and most efficient way to get the tenants out.