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assured shorthold tenancy

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« on: October 16, 2020, 11:50:27 PM »

Let me start with the apologies. Sorry if this has already been asked before, and sorry if some of you think it's a daft question. If it's one thing I've learnt being a Landlord is to not take anything for granted, and for that reason I'm putting a question to you that although the answer should be simple, I have a feeling that in practice it's not.

Assuming that all bases have been covered, that is deposits being deposited, tenancy agreement, all appropriate certificates, and the guide explaining how to rent, at the end of the 6 month AST will the tenant have to leave?
Do I have to write to them to remind them of the when the tenancy ends? Do I have to confirm that I wish them to vacate the premises and that I do not wish to continue with a periodic tenancy?

I did try to find information on this, but all sites are biased towards the tenant. I was unable to find any help or assistance a landlord, which is very biased.

Thank you for any help you can offer.    .
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« Reply #1 on: October 17, 2020, 12:03:48 AM »

No. If a fixed term AST ends through effluxion of time, and the tenant continues to live there, a periodic tenancy (with a period equals to how often rent was required to be paid) automatically arises. There is nothing a landlord can do to stop that from happening.

The only way for a landlord to evict a tenant is to serve any notice required, go to court for an order for possession, and then have that order executed by county court bailiffs or High Court enforcement officers.
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« Reply #2 on: October 18, 2020, 10:40:22 AM »

Maybe I havenít explained myself properly, but I struggling to explain any better.

The AST is for 6 months.
The 6 months hasnít expired, in other words it hasnít become a rolling tenancy.
I want the tenancy to be ONLY for the 6 months.
At the end of the period (6 months) will the tenancy just end and the tenant have to leave, or do I have to reiterate that the tenancy will be ending and that I do not intend to renew.

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« Reply #3 on: October 18, 2020, 11:44:47 AM »

Maybe I havenít explained myself properly

Nothing in your clarification changes my reply.

I want the tenancy to be ONLY for the 6 months.

The tenancy will only be for the 6 months fixed term, unless it's ended earlier. Doesn't changes the fact that a periodic tenancy can and will arise afterwards if the tenant stays.

At the end of the period (6 months) will the tenancy just end and the tenant have to leave

The 6 months fixed term tenancy will end after 6 months. The tenant however do not have to leave.

or do I have to reiterate that the tenancy will be ending and that I do not intend to renew.

You can reiterate all you want to the point of harassment, wouldn't change the law.

Again, if the tenancy ends, and it wasn't through court or tenant's own action, i.e. execution of a court order or tenant's notice to leave, then so long as the tenant is still there, then by law, a periodic tenancy must and will arise. There is nothing a landlord can do to stop that from happening.
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« Reply #4 on: October 22, 2020, 10:33:06 PM »

Sorry for late reply. I have to ask then, what is the point of writing up a 6 month AST? If the tenant can refuse to leave. Unless Iím missing something, the tenancy agreement isnít worth the paper itís written on. 
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« Reply #5 on: October 23, 2020, 11:30:40 AM »

The point of most arrangements is more real-world than your situation... most Landlords want Tenants to be long-term, most Tenants want to be long-term. There are people who move around for various reasons, but the initial 6 month fixed term AST is a starter-for-ten (years)... actually starting an AST with the intention of ending it dead on the 6 months would be quite a strange (not entirely normal) scenario... especially if you're talking about a normal property... house where a couple or family might live. These people don't, ideally, want to be upping-and-moving every 6 months... the costs would be prohibitive. The point of the 6 month is that it does allow a Landlord to commence proceedings to end a tenancy much earlier (about 6 months earlier) than a 12 month fixed term AST... or about 18 months earlier than a 2 year AST... but if the Tenant stays beyond the end date, a new (but the same) tenancy arises, that is then periodic... and many Landlords like this because there's no strict fixed term any more - providing them the flexibility of (what used to be) at least 2 months notice to evict, even without having to give any reason at all.

If you want to bring your dates in as close as possible then, yes, you need to be communicating with your Tenants, to give them the best chance... but you'll need to do things by the book. It's possible they may be agreeable, but still give them as much notice as you can... don't assume they are thinking along the same lines as you. Don't assume anything. Depending on the relationship, an open and frank conversation could be best... let them know what you want, hear what their response is, find out what they believe is possible... I don't see any dates in here, so what are we talking about? People finding a new place to live over Christmas?
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« Reply #6 on: October 24, 2020, 05:38:07 AM »

No, there are no specific dates as at the moment itís purely hypothetical, however even if it meant vacating over the Christmas period then so be it, if the 6 months is up.  Iím struggling to understand how a 6 month ast doesnít mean exactly that.
I understand your logic that most are looking for long term, but surely it canít be taken for granted that the landlord will allow it to roll over.
I wanted the fixed term ast to be exactly what it says at the top of the contract, that is a fixed term. I really didnít think I would have to explain or reiterate it further. I repeat, for me, it makes no sense in drawing up a contract with all its points, clauses, sections, etc when they can just be ignored.
I take your point though, even if I think the law is ridiculous. I donít think being a landlord is for me and I doubt Iíll be pursuing it very much further. I think itís time for me to sell up😉
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« Reply #7 on: October 24, 2020, 09:58:54 AM »

I agree with your final conclusion.

You seem to have mixed-up what's written on paper with real-world complications. You only need to watch an episode of the various Landlord / Tenant programmes on TV to understand how easy it is to get into a pickle.

Now... when you commenced the tenancy some time ago... were you explicit in discussions with your Tenant? I mean, if all parties are actually on the same page there could be no issue.
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« Reply #8 on: October 24, 2020, 02:52:23 PM »

I understand your logic that most are looking for long term, but surely it canít be taken for granted that the landlord will allow it to roll over.
I wanted the fixed term ast to be exactly what it says at the top of the contract, that is a fixed term. I really didnít think I would have to explain or reiterate it further. I repeat, for me, it makes no sense in drawing up a contract with all its points, clauses, sections, etc when they can just be ignored.

Renting a home isn't like hiring a car. Tenants need a reasonable amount of time to find new accommodation and move their possessions out, and they'll incur significant costs in doing so. If, as in your scenario, a tenancy ended automatically at the end of the contract, your tenant would have to assume they were going to be out on their ear and start the process of looking for somewhere new around about four months in. That's a ballache for them and a problem for you if you actually wanted them to stay. Hence we have the Section 21. In normal times, if you're four months into the tenancy and you decide you don't want it to continue, then you just issue a valid Section 21 and that's that.

N.B. Up to a few years ago you could actually issue the Section 21 on day one of the tenancy, giving notice for it to end after the six month period. That's now specifically illegal, which should give you an idea of what a bad idea it was.
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« Reply #9 on: October 24, 2020, 04:38:31 PM »

I am also wondering if you made it clear at the outset that you just wanted it rented out for 6 months.Maybe something has suddenly happened of course,and you have no choice.If they are good tenants it is a bit harsh,having to start looking again after just a few months. 
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