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Can your tenants stay in the property beyond the end of the tenancy agreement?

 

 

Hi it's Danny Valencia here with My City Nest powered by Keller Williams and today I'm going to share with you as to whether you're tenant can stay in your property beyond the end of the tenancy agreement and the answer quite simply is yes. Yes they can, and it depends as to what's in your contract as to whether it's going to move on from a statuary or contractual periodic tenancy agreement.

Now, if it just rolls on and a tenant stays in your property, then naturally it's going to drop into a statutory periodic tenancy agreement as per the housing act 1988 with exactly the same terms, exactly the same rental amount as the original term and it's going to move on to a month to month basis. Now, if you have a tenancy agreement that clearly states that the tenancy is from Day X to Day Y and monthly thereafter, that's going to create contractual periodic tenancy.

With all the exact same clauses and again on a month to month basis. Now, one thing to point out is, as a landlord your legal obligation continues regardless of what's happening at the moment with a stay at home measures. They includes the EPC (energy performance certificate), of course, your gas safety certificate, as well as the electrical safety certificate, which is the new regulation that's come out this year.

Now, if you're anything like me, you may have tenants actually around 60% of tenants at the moment are refusing to have act to give access to the engineers. If that happens, make sure you keep this on file. Make sure you keep it on record just to protect yourself.

And likewise, if you have engineers that are refusing to go out and you can show that you've done everything that you can in terms of getting out and reaching out to engineers and the refusing to go out, make sure you keep that on file to protect yourself. As ever, if there's anything I could do for you Danny Valencia here with My City Nest powered by Keller-Williams.

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