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Can we withdraw a written request to extend our Tenancy?

We are currently in a six-month Tenancy Agreement that ends on 16th October.  We have signed a letter to say we want to extend the Tenancy for a further six months but have changed our minds and now want to buy.  Can we withdraw that letter?

Once your current Fixed Term Tenancy expires you can continue to occupy the premises under the terms of the same Tenancy Agreement without necessarily entering into a new one.

You may have indicated to your Landlord that you wish to stay living at the property, but the reality is your existing Fixed Term Tenancy has yet to expire and if you held over under the terms of the Assured Shorthold Tenancy beyond 16th October you would be entitled to vacate on the appropriate written notice.

It’s, therefore, not too late to notify your Landlord that you do not intend to remain at the property and will, therefore, be vacating the premises on 16th October.


* Emyr Pierce is Managing Director of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property. Contact www.emyrpierce.co.uk or email law@emyrpierce.co.uk

Can I change the locks?

The tenants in a property I own have not paid the rent for three months and are refusing to leave. Can I legally change the locks on the house when they are out?

The tenants probably occupy the property on the terms of an Assured Shorthold Tenancy. There are anti-eviction laws in existence to prevent landlords from excluding tenants from residential property without having first followed the repossession procedure specified by the Housing Acts.

If your tenants are three months in arrears you are entitled to immediately apply to the Court for an Order for Possession, although the likelihood is that by the time the statutory procedure and timescales are followed the six months terms of the tenancy may well be close to expiring in any event.

However, the court proceedings will also entitle you to obtain a money judgement against the tenant for the arrears, in addition to an Order for Possession of the property. Failure to follow this specified procedure will render you in serious breach of the Anti-Eviction Laws.

You should immediately consult a solicitor who will prepare the appropriate notices of Intention to Issue Possession Proceedings. Until these notices are served on the tenant the strict statutory timescales will not begin.