Does the LL have to talk to Tenants Parents?

Flower088

Hi,

I have a bit of an issue at the moment with one of my tenants. I know she's due to be leaving soon, but have yet to receive her month's notice!
Basically, throughout her tenancy she has been the most awful tenant I have had and can't wait until she leaves! Everytime there is an issue her mum will always call me and in a rude manner will talk down at me as the LL about issues in the house that are out of my control (i.e. boiler breaks down and this is somehow my fault, or the tenants have a huge gas and elec bill and its my issue to sort out?!). It's ridiculous and the tenants mother says she's a LL herself and knows best!

My other tenants have recently got in touch, saying that the mother has been accusing them of all sorts, and this is not on! Can I refuse to speak to her as she's not the tenant? I should really give my tenant her month's notice myself looking at what i've written but she's never around - would it be my problem if she doesn't see the letter straightaway (when I put it under her door) asking her to leave in a month? She changes her phone number all the time and never informs me.

cuddlymarm

Hi

What does it say in her contract? In theory until she gives a months notice she is liable to carry on paying rent as normal. However if you really want to be rid of her and it is a one month notice period on either side if you give her written notice then in theory she should go at the end of the month of the notice you give her.
Your contract is with her not her mother so aagain in theory you should talk to her not mum.
She sounds like a problem and you are probably better off without her in your flat.
Good luck
Cuddles:rotfl:

Pepzofio

What sort of tenancy does she have? If it's an AST and coming to the end of the fixed term, then AFAIK as long as she leaves by the end date then she does not have to give any notice at all (although it is courteous to do so).

If it has gone periodic then yes she has to give a month's notice, but as cuddlymarm has said, if you want her out you may prefer to just overlook this.

As LL, however, I'm fairly sure you have to give 2mths notice (ending no earlier than the end of the fixed term), not just 1. You have to give written notice, the problem with pushing it through the door (or even handing it to her in person) is that you have no "proof" she has received it if she chooses to deny it. Send two copies, one recorded delivery (has to be signed for) and one with proof of postage (free, proves you've sent it but no proof of delivery).

Make sure you get your dates right, or the notice will be invalid. You don't have to speak to the parents, but as you've spent most of the tenancy interacting with them it's hard to see on what grounds you would stop now.

tbs624

You as the LL *cannot* give the T just one month's notice - it is a minimum of two months.

I would send one copy of the notice via recorded delivery, and hand deliver another copy in person,

You need to stand up for yourself as far as the mother is concerned. Just be firm, but polite, and say that her daughter is an adult and as the signatory to the contract she will have to deal with you direct and bring the conversation to a close -"awfully sorry, my other phone is ringing, must go..." How you deal with your property and your tenants is up to you (within the law obviously) and someone's mum being a LL themselves is irrelevant.

Are these T's all on one contract with J&S liability or are they signed up individually?

As Pepzofio has said, if the Fixed Term is still running the T doesn't have to give you any notice: she can just leave at expiry. On the other hand she can also just stay put if you have not served a S21 notice requiring possession of the property.

You cannot give notice within the Fixed Term except where there have been specific breaches of the tenancy terms, and you would need a court order to pursue an eviction.

theartfullodger

Re. the mum may I recommend an approach? Say (when she lets you get a word in) "Thank you for your contribution but this conversation must end". Let her rant on for 30 secs. more. Repeat "Thank you for your contribution but this conversation must end " Put 'phone down.

If she persists in 'phoning advise her you will call BT about nuisance calls. If you get any serious problems tell the police, followed up with letter (polite, calm) to Police or an email if they let you.

Re notice TBS is right, must be (assuming England & Wales) AT LEAST 2 months (even longer if she is in a fixed term tenancy with no break clause).

Stick to the rules, do everything absolutely by the book and the tenant may leave without court action/bailiffs visit...

Cheers!


Lodger

mlz1413

If the boiler breaks down then that is your problem, you need to get it fixed and to do that you need advising which maybe easier for the mother to report if tenant is always out.

I totally agree no one should be rude and if you find this is the main problem next time the mother calls just say you need the complaint in writing from the tenant.

If you believe the tenant is about to move out write to her advising an inspection date and time with a contact number for you if she needs to re-arrange - this will give you a chance to advise of any items that need repairing or replacing before she leaves (if she does go) and should give you the chance to ask her intentions.

Re the mother being rude to other tenants do you have 2 flats next to each other? Do they have their own front doors? ( you made a comment about pushing envelopes under doors a bit like lodgers rather than tenants) If so tell other tenants they have every right to deal with mother as they wish or involve the police but as a LL you do not have any rights to advise a 3rd third of their conduct.

kunekune

I suspect the tenant is actually a lodger, or that the property is in multiple occupation.

Flower088

Thank you for all your responses! The house is in multiple occupation. Their all on AST, however, the tenant in question has passed the fixed term date and is now renting month by month - so thats why I thought it was one months notice.

You have all come up with very good ideas - i never thought about sending her the notice via recorded delivery. Thank you!