UK Landlord Forum / Life

Hello everyone, useful forum this.  I do have a problem though and would someone advise?

I have a problem tenant. We signed a AST agreement but the term was not specified and was marked "AS AGREED"  and payments were agreed as weekly and also one month notice from either party to quit. We certainly did not agree to at least a six month period or else we would have written in "SIX MONTHS"
We are only six weeks into the term and the tenant appears to have left and is withholding rent and will not relinquish  the property.   Obviously now I want to re let it but the tenant says she has not left and is holding me to a six month term.

My question is this:   Is this a "periodic AST"?   If so does it have a statutory right to run for at least six months before I can evict her?  What would you advise please?
She does have a couple of complaints though saying the flat was "un inhabitable". (Just a bit of mold growing inside from storm damage which she didn't want to keep clean).
Thank you for any help.

Hi brerfox,

There's a few problems from what I can tell...

Firstly, an AST has to be a minimum of 6 months, despite what is stated in the agreement. The tenant has the right to occupy the property for at LEAST 6 months, that's their statutory right. So it's not a periodic tenancy until the tenancy exceeds that duration. The only way to break the tenancy earlier is if the tenant surrenders and you agree, or if she breaches the terms of AST, but then you will need to follow the proper eviction procedure.

Secondly, agreeing to a one month notice period isn't legally enforceable, although the tenant may not know that. The tenant has the legal right to give the landlord ONE month notice (assuming the tenancy is coming to an end or is periodic) but the landlord has to give the tenant TWO months notice, but only if the notice is served during the fixed term. Again, that is statutory, despite what was agreed upon between yourselves.

However, since she is paying weekly, the periodic term will become week-by-week, so you will only need to give one weeks notice once the 6 months has passed.

Unfortunately, the tenant has you over a barrel at this point. Until she falls 2 months in arrears, you can't really do much. Your best bet is to put your frustration aside, and try to work with her, and do whatever you can to try and get her to leave. Why exactly is she hanging around? Is she waiting for something?

QuoteWhy exactly is she hanging around? Is she waiting for something?   

Thanks for the advice. She isn't hanging around. She appears to have left and she has moved all her stuff out (buy the looks of it), closed the curtains so I can not look in and just says she not leaving.
In the agreement in the small print it states she must inform me if she is away from the property for more than 5 consecutive days.
However we did verbally agree I could have access to the communal boiler if there is an emergency and I would inform her if possible. 

That's so weird. She's being unreasonable for no gains. Some people!!

Ok, well you need to get her to surrender the tenancy. Is there anything you can do to make her surrender? I guess that's what you need to discuss with her.

Good luck, and please keep us updated!