Can i end a 3 months tenancy agreement?????

[missy1981]

My Fiance gave a friend of the family a 3 month tenancy agreement, who's on benefits. But the council are saying that only 6 month agreements can be issued and what I've done by issuing a 3 month one is illegal. So because of this they say that if he still end the tenancy at 3 months, he will be liable to a �5000 fine and possible imprisonment. Is that true? Is there a Law that states that??

And If that's the case, why did the council accept tenants claim after seeing the agreement ??

Also, the tenant is meant to be paying towards the rent but as yet hasn't... Could I evict them for this if need be....???

Many thanks

[Twenty20]

I assume you fiancee has issued the friend with an AST - an assured shorthold tenancy agreement? Legally, there is nothing wrong with a 3 month agreement, the only problem arises if you wish to evict, you can't do this before 6 months. Perhaps this is what the Council mean when they say about ending the tenancy at 3 months? And, yes, you could be fined etc if you illegally evict a tenant.

Just to be clear - the friend is living in a separate property and not lodging with your fiancee? Lodgers have almost no rights compared with tenants.

[missy1981]

Yeah, they are living seperately.. it is his flat that they are living in but he lives with me..

Thankyou for your answer x

[Twenty20]

If you're really intent on getting this person/people out of your flat at the end of the tenancy (or as soon as possible after that) then issue an s21 notice now with an effective date of the last day of the tenancy.

Unfortunately, if they are on benefits they wont make themselves intentionally homeless by simply leaving at the end of the 6 months, and the Council will in all probability tell them to remain in the property until they are evicted - this can be several months after the end of the tenancy. If they leave before being evicted the Council will probably refuse to rehome them so it's not in their interest to leave on time.

It's because of situations like this that many landlords are reluctant to take on tenants who are on housing benefit.

[Daytona2]

As long as a tenant keeps to all other aspects of the agreement, they have a fundamental legal right to stay for 6 months. Consequently, none of the offical notices from the landlord to gain possession would be valid during this period. There is no reciprocal right for the landlord to force the tenant to stay for the entire period. For this reason, to make it fair for both parties, it is normal for both parties to agree to an initial 6 month fixed term tenancy.

The council is wrong. The tenancy is not illegal, the 3 month length is unenforcible. The normal rules on illegal eviction apply if any type of force is used by the landlord, presumably the £5,000 fine and imprisonment they mention.

If they didn't pay rent, they could have evicted them one or more of grounds 8, 10 or 11. See -

http://www.statutelaw.gov.uk/content.aspx?LegType=All+Primary&PageNumber=39&NavFrom=2&parentActiveTextDocId=2128236&ActiveTextDocId=2128476&filesize=4438