fixed term tenancy

M

Marcecie

Registered User
Messages
177
I would appreciate any advice.
I have a property rented out on a fixed term tenancy for 1 year due to expire in 4 months, I have a tenancy agreement (not by solicitor).

now for the problem, the tenants emailed me two weeks ago to say they will be leaving when tenancy is up to move to a smaller house, I have had no problems with them. I know of a family in village looking to rent long term so approached them and they were interested.

I phoned tenants to make arrangements to let people view the property and they were very angry-- they said they had not given me offical notice, they would not allow anyone in to view, also they said they may not move when tenancy is up but if they do i will get 1 months notice
.
this is my first time renting and am wondering what I did wrong and what can I do now
 
They told you in writing in an email, which I presume you still have, that they are leaving - I don't know how they can consider this as not official, they could try that trick if they had only said it to you verbally, but they gave it in writing.

What you can do now is give them official notice that once their contract is up you want them out. You have no obligations to enter into a further contract with them, you can let the house to whomever you want once the contract with the current tentants expire.
 
Marcecie said:
I phoned tenants to make arrangements to let people view the property and they were very angry-- they said they had not given me offical notice, they would not allow anyone in to view, also they said they may not move when tenancy is up but if they do i will get 1 months notice.
Click to expand...
Are they good tenants? Do they pay on time and is the property clean? You may wish to keep them if that's the case. I wouldn't try to push them out at this stage unless you're certain that the other prospective tenants will take the property.

On the viewing issue 4 months prior to the end of the tenancy, you may need to refer to your tenancy agreement. The one I use states in general letting provisions:

"The Tenant agrees with the Landlord to..... During the last month of his tenancy and only by prior appointment, to allow the Landlord accompanied by not more than two persons at any one time to enter the property to view it as or for a prospective purchaser or tenant."
 
Idid read my tenancy agreement and it states in final month I can take people to view, so I can understand them not wanting someone now,
they are good tenants pay on time and keep place clean but they have said they intend to move, other family are renting in village for 3 years but house is too small,
I am just wondering with the fixed term lease if they are intitled to stay on for 4 years or can I give them notice 1 month when tenancy is due to expire,
I dont want to fall out with them but he is saying they will leave when tenancy is up if they have found another house otherwise they will move when they do find a house, it feels like I have no say in matter.
 
Hi Marcecie,

See [broken link removed]for details on how to terminate a tenancy.

"Where a tenancy that was entered into for a specific period (i.e. a fixed term tenancy) comes to the end of that period, a notice of termination does not have to be issued. If that period was 6 months or more and the tenant intends to continue in occupation, he/she must inform the landlord of that intention between one and three months before the expiry date.
 
I have read tenancy act 2004 and am confused, I thought anyone renting over 6 months can stay extra 3.5 years if they wish, does this not apply where a fixted tenancy applies? what other type of tenancy is there?
 
Tenants have just contacted me by email to say they wish to continue renting when lease is up, they have not given a time frame for moving out.
As this was a fixed term lease and they are there over 6 months are they intitled to stay long term,
 
As far as I know ...yes they are. it dosn't matter what you may have in any lease agreement, the PTRB act has precedence over it.
 
You must log in or register to reply here.
Back
Top