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Landlord Legal Issues

Solicitor Tessa Shepperson of Landlord Law answers your questions

Q. My tenant has refused to sign the new tenancy agreement I have sent her saying that she is expecting to be relocated by her employers and cannot commit to another 12 months. I have told her that in that case I want her out by the end of the fixed term but she tells me she is entitled to stay on in the property under a periodic tenancy. Is this true?

A. Yes it is. Under section 5 of the Housing Act 1988 an assured shorthold tenancy will continue as a new periodic tenancy which will come into place as soon as the fixed term ends.

You cannot prevent this happening and the tenant is perfectly entitled to stay on. Many tenancies run on for many years as periodic tenancies.

Under the Protection from Eviction Act 1977 your tenant will be entitled to stay in the property under the periodic tenancy unless you obtain an order for possession, for example under section 21. However this will normally take several months and if the tenant is paying rent and is a good tenant you may feel it best to allow her to stay.

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