Staying put
Question
My tenancy ends at the end of this month and I don't want to move. I've contacted the agency and they've already rented the property to somebody else. Should I have been offered the chance to renew my contract? I know I should have contacted them earlier but I didn't think they'd do this without telling me.
Answer
What happens when a tenancy ends can be confusing. Firstly, it's important to establish what type of tenancy agreement you have, because this will affect your rights. If you're renting privately and your landlord lives elsewhere you're likely to have an assured shorthold tenancy. If you think you have a different type of agreement the information here might not be relevant so it's important you seek further advice.
If you moved in for an initial fixed term, e.g. for six or 12 months, you're entitled to stay in your property beyond the end of your agreement. After the end date, your tenancy will automatically become a periodic tenancy. This means that it rolls from week to week, or month to month. This is the case whether you sign a new contract or not.
Because of this, you still have rights and your landlord can't force you to leave without following the correct legal procedures. If they want you to leave they can ask you to by serving you the correct notice. This must be in writing and for at least two months.
If they do this and you don't leave, your landlord can go to court to try to evict you. You can't be evicted until the court agrees to the landlord regaining possession of the property. Although your landlord wouldn't need to give a reason for evicting you to the court, they must be able to show that you have an assured shorthold tenancy and that they served you with the correct notice.
If your landlord chooses to give you less than two months notice then they would have to show the court that you have breached your tenancy in some way, e.g. you haven't paid the rent or you've damaged the property.
If you would like more information about your rights you can visit your local Citizen's Advice Bureau (CAB) or Housing Aid Centre.
Updated: 26/09/2008
Question answered by Shelter
