UK Landlord Forum / Life

Hi

I have a tenant who moved in December 2017, each year have signed for a 12 month's AST.  I have just raised the question of them signing again for December for another 12 month.  They have requested a rolling tenancy, I have gone back and said I would prefer the stability of a 12 month tenancy.  They have immediately come back and said they have sought advice as I never gave them the gas certificate (which I didn't, I've beat myself up enough for this).  I can't find the gas certs for 17 or 18.  I have issued 2019 which is valid till February.  However they have stated they will not sign for a further 12 months.  I have tried numerous times to talk with them on the phone, but I just get a message saying they have been advised to get everything in writing.

Since doing further reading I also should of given them a How to Rent guide - which I didn't.

Can anyone advise if I am able to ask them to leave a the end of their AST or do they have rights to stay?

Sorry this sounds very amateurish, believe me I'm kicking myself.

Thanks

I wonder what else you forgot to give them? Deposit PI? Could be expensive!

In my opinion it is a delusion that a fixed term in such circumstances gives the landlord security. If the tenant can't pay or needs to move for work for example, the landlord will of course compromise and release them. No-one wants a disgruntled tenant in their property. In my view a periodic tenancy is almost always in the landlords best interest. It means that you can serve notice at any time if things go wrong rather than having to wait up to 12 months.

Quote from: HC2020 on October 31, 2020, 10:33:56 AM
Can anyone advise if I am able to ask them to leave a the end of their AST or do they have rights to stay?

Under normal circumstances, you could give them two months' notice via a Section 21. The notice period has increased to six months because of the pandemic.

However, that's academic in your case because you didn't give your tenants a copy of the Gas Safety Certificate when they moved in. That pretty well scuppers the option of a Section 21 so, unless they do something to warrant a Section 8, you're basically stuck with them. Under the circumstances it's hardly surprising they don't want another twelve month contract: they've got all the security they need and they can choose to end the tenancy on a month's notice.

On the plus side, you're evidently happy to keep them as tenants for at least another twelve months, so you may as well accept the situation as it stands and stop badgering them.

Also, as DPT says, ensure you've complied with your obligations with regard to protecting your tenants' deposit and serving the Prescribed Information. If you didn't do that at the start of the tenancy then you're already in a hole, but if you do it now then at least the hole won't get any deeper.

Thank you Simon, really appreciate you responding you've given me some useful information.  I did log the tenants deposit and I gave them all of the prescribed information.

Thank again.