Hi everyone, I could use a bit of advice around a tenancy that is ending in mid-February.
We have a slightly difficult tenant who has responded badly to minor issues in the property that have arisen during her tenancy. We have no grounds for eviction but she has indicated several times that she wants to leave, so we have no security with her being there.
We contacted her a couple of weeks ago, two months prior to the end of her AST, to offer her a new contract but with the rent increased back to what it was before we agreed to a slight reduction for her; having not received a reply, we followed up a few days ago with the contract offer again but informing her we were advertising the flat. She only replied earlier today, saying that she has had ‘health problems’ and that, although moving out at the end of the AST would ‘be ideal for her’, she is concerned about being in tier 4 and finding a new home. She said she has sought legal advice and that she doesn’t have to commit to a rent increase or sign a new agreement while staying at the address.
We have offered her a short (6 month) contract to allow her more time to find a new home, keeping the rent at the current level, and have asked her to confirm with one month’s notice if she intends to leave at the end of the AST, which is when I would carry out viewings for new tenants.
My question is, what happens at the end of the tenancy agreement if she has not told us that she intends to leave? If we have signed a contract with new tenants, can she still remain in the property? Does she have rights to stay on a periodic contract if she gives notice of her intent not to vacate?
Thanks in advance.