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Hi, how can I help? Andrew
Thanks. And what is the issue?
What would you like to know?
The fact the agreement has not been renewed is not an issue as such, as the tenancy becomes a "periodic tenancy" after the original term has ended and continues until either party serves Notice on the other that they wish to end the Tenancy.
Under a periodic tenancy, the Tenant does indeed only have to give 1 month's notice, such notice to end on the day before the rent payment day and a Landlord has to give 2 months notice.
Would you prefer to chat over the phone as it may be easier?
That's fine with me.
I am afraid that under the Housing Act 1988, the 2 months notice by a Landlord and 1 month's notice by a Tenant is set in law so as a Landlord you can NOT ask the Tenant to give any more than 1 month's notice. Likewise you can't insert a clause into the Agreement that you need only give the Tennat 1 month's notice.
Sorry this is not what you may want to hear.
When do you hope to move into your new purchased property? Around July 2021 or before?
On the basis that you will need the equity from your current property which you rent out, it may be best to give your Tenant a 6 month agreement. If the Tenant refuses to sign a new agreement, you therefore have to decide whether to serve Notice on them now and find new replacement Tenants for a 6 month agreement or you leave matters as they are with the periodic agreement and then give the Tenant 2 months notice once you want them to move out. Alternatively, you could try and sell your house subject to the existing Tenants (ie sell it to an investor/Landlord who is happy to purchase with the Tenants remaining in occupation. You are making sense!
Hi, it is indeed. The mere threat of you telling the Tenants that you are going to have to serve Notice on them may spur them on to sign a new Agreement (hopefully!) Andrew
Any agreement is a Contract so both parties are under a duty to keep the tenancy running for 6 months if that is the period of the Agreement. So, you can serve Notice at the 4th month, meaning the Tenant would have to move out on the day the Agreement ends. From a Tenant's point of view, they do not have to give any notice if they decide to leave on the day the Ageement ends at the end of the 6 months.
If you could please leave feedback with 4 or 5 stars, so I can get paid, that would be great.
All the best Andrew
Hi, if you could leave feedback, I will happily answer these follow on questions. Many thanks
Thanks. The terms of the written agreement do indeed remain in place even once the fixed term has ended and whilst it remains a periodic tennacy. Kind Regards Andrew