My friend lets his flat normally under the terms of an assured shorthold tenancy. However he has not renewed this with his tenant and just allowed the tenant to remain in the flat on the same terms ( i.e. it is rolling over). However he has done this for nearly 5 years. He has just been told by another friend that there may be a risk with this and that the tenant has security of tenure (i.e. a right to remain in the property now) as my frend has not renewed the assured shorthold tenancy and that my friend can now not get the tenant out if he wanted to.
Does anyone know whether this is true and what additional rights the tenant may now have? Thanks
2007-11-24 08:43:31 · 2 answers · asked by Mel B 1 in Business & Finance ➔ Renting & Real Estate
In the UK he is REALLY risking it .. as a Landlord he should know better ... suggest he visits a few Landlord forums and if necessary take some legal advise before it all goes "pear shaped" ..
2007-11-26 08:46:16 · answer #1 · answered by Steve B 7 · 0⤊ 0⤋
This is called a statutory periodic tenancy, the tenancy agreement that was signed at the start will still remain, with the terms etc. BUT your friend can be given just two months notice to leave!
The landlord might have done this because he did not want the expense of the paperwork each year or because he wants to be able to get the flat at short notice.
For peace of mind I think your friend needs to sign an agreement each year.
Check this website for more info.
http://www.direct.gov.uk/en/HomeAndCommunity/index.htm
2007-11-24 11:05:21 · answer #2 · answered by spike 2 · 0⤊ 0⤋