SMF - Just Installed!

Notice to tenant

Started by Hazel, December 24, 2014, 09:43:08 AM

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Hazel

I have a friend living in Australia who has a tenanted property in the UK which she now wishes to sell as she is approaching retirement.  The tenant has told her that she (the landlord) cannot get her out of the property as the tenant wishes to remain there for ever and has painted and laid carpet.  Can you confirm that this is utter rubbish (is there any reason that a landlord could not remove a tenant from a property?)  Cheers

Hippogriff

Unlikely, but not enough information to say for sure. Is the Tenant on an AST that is in the fixed term or has gone periodic? Properties can be sold, obviously, with Tenants in place.

Hazel

The tenant initially signed a 12 month agreement, which was some years ago, and now is just on a rolling contract.

boboff

The key is the "some years"


If its a protected tenancy, that that is a different set of rules completely.

If its an AST then its fine just issue notice.


Hazel

When does it become a protected tenancy? The tenant has been in for five /six years.

boboff

Not sure exactly.. Google it?

In any event its not a how long, but a when did it start. I think before 1980 or something, tenants had lots more sitting tenant rights.

Hazel

Ok thanks for all the advice.  I'm pretty sure tenant is not protected.    So friend going ahead and issuing the S21 and take it from there, hopefully tenant goes quietly!!  Thanks again.