LEGAL: Tenancy extension

By theedgeproperty.com

Monday, 18 April 2011 00:00 I have been renting out my apartment for almost two years now. My tenancy agreement is 2+1, but I have decided to move in after two years. I have given notice to my tenant three months before the tenancy is up — but so far, it seems like the tenant is not keen on moving out, as he would like to extend for another year. What are my rights, as the owner, in this matter? Can he refuse to move out? Chris Tan of Chur Associates answers: A tenancy is first and foremost guided and regulated by the terms and conditions of the tenancy agreement executed by the parties. Should the landlord decide to take back the premise prior to the tenant exercising the option, there must be a provision in the agreement that allows for the same. However, such a provision in the Tenancy Agreement is highly unlikely. Given that the tenant is having the option, he can exercise the same in accordance to the Tenancy Agreement. In those circumstances, the landlord has no choice but to grant an extension of the tenancy.