Short hold tenant question.

[AmmerMan]

Hi,

I hope someone can help.

I have a flat which is let out on a 12 month short term hold agreement via an estate agent.

The tenant has been there since May 2001 and has been renewing the agreement each year.

A thought occurred to me last night, if the tenant stays there for a number of years will they have certain rights. I recall reading something once but am not convinced it applied to this country. In this case the tenant had some very powerful rights and basically did not have to leave the said property.

If the tenant’s rights do increase over a period of time does anybody know what they are and how many years this involves?

This may not be a valid issue but I’d like to know for peace of mind.

Thanks in advance.

Regards,

AM

[P.Pilcher]

I don't think you need to worry. I assume the agreement you are referring to is an Assured Shorthold Tenancy agreement, and your tenant has no right to remain in residence beyond the term granted in the agreement should you not wish him to do so and you give him two months notice of this under section 21 of the husing act.

P.P.

[AmmerMan]

Hi P.P

Thanks for the reply, yes you are quite right, the agreement is a 12 month Assured Short-hold Tenancy agreement.

So just to clarify even though my tenant has been there since May 2001 and they [hopefully] carry on renewing these 12 month agreements for the next 5 years or so, she will have has no more rights than someone who'd only been there for 12 months in total, even though they’d been the tenant for 9 years or so. [I hope that makes sense]

Thanks again in advance.

Regards,

AM

[P.Pilcher]

You are correct - in fact there is no need to even renew the agreement! If you fail to do so, the law replaces your fixed term agreement with what is called a Statutory Periodic Tenancy which has identical terms to the one last signed except that you can ask your tenant to leave if you give him at least two months notice and he can do likewise if he gives you one month. You can also change the rent. On the other hand you may both appreciate 12 months security of tenure.

P.P.

[AmmerMan]

P.P.

Thanks for your help and quick responses, it’s very much appreciated and its put my mind at ease somewhat.

Regards,

AM