Advice please

madas????

Hi all,
My tennants lease is up on the 1st July 2010, when do i need to give them notice to leave and what form is it i need.

Many Thanks in advance

Colincbayley

We will need a little bit more info to give you a correct reply.

Are you in England and Wales?

Is the rent below £25,000PA?

Was a deposit collected and if so was it protected within an approved scheme?

madas????

sorry we are in england, yes rent below £25,000
and unfortunatley no we did not put the money in a deposit scheme it is the first time we have rented and did not realise it was a legal requirement over sight and silly mistake on our part,

Colincbayley

madas???? wrote: »

sorry we are in england, yes rent below £25,000
and unfortunatley no we did not put the money in a deposit scheme it is the first time we have rented and did not realise it was a legal requirement over sight and silly mistake on our part,

When did the tenancy start and is it an Assured Shorthold Tenancy?

madas????

1st july 2009 and yes it is assured shorthold

theartfullodger

Unless there are some other grounds for NtQ (eg being behind with the rent for more than 2 months) then the only way to get tenants out (unless they agree) is what is called the "Section 21 notice" (or S21) route.

If deposit is not protected then S21 notice is invalid (Housing Act 2004, Section 215)


- so,, get deposit protected immediately (now!!) and then go & learn about all your other responsibilities as a Landlord - join NLA or RLA and go on a course...e.g.
http://www.rla.org.uk/landlord/courses/course1.shtml

Lettings is a minefield and legal understanding of the main issues is important. This course deals with the main areas that affect Landlords. The main topics covered are –

1. Tenancy types – important if you are buying a property with a tenant in place.
2. The condition of your property. If it is not up to scratch you can be sued and /or prosecuted.
3. Inventories. This is the evidence you rely on if you need to deduct from the tenants deposit. Fail to carry out an adequate Inventory and you will lose your case.
4. Periodic and Final check out Inspections. Practical advice about what you can and should do.
5. Getting and vetting tenants.
6. Possession proceedings, Notices and completing court forms.
7. The Law on harassment and Unlawful Eviction. This is a minefield for Landlords. The law is weighted against you. Do not let the tenant lure you into an expensive trap.

It will be cheaper & less effort than making expensive mistakes slowly...

Cheers!

Lodger

Colincbayley

madas???? wrote: »

1st july 2009 and yes it is assured shorthold

Some silly little mistake then by not protecting the deposit.

In order to gain the possession of your property back you must;

1) Protect the deposit ( then pray the tenants don't sue you for breach of the 2004 housing act re: Deposits )
2) Issue a Section 21 notice giving at least 2 clears months notice to the tenant, this notice must expire on the last day of a rental period
3) Await for the tenants to move out
4) If they do not move out then you will need to apply to the courts for a possession order
5) If they still do not move out, then you need to go back to the courts to appoint a baliff

madas????

Im selling the house I cant be botherd with the hassle we did it as a favour and it has kicked us in the teeth cant afford the dental work any more.
Learnt a lesson never do a favour for people you know

G_M

madas???? wrote: »

Im selling the house I cant be botherd with the hassle we did it as a favour and it has kicked us in the teeth cant afford the dental work any more.
Learnt a lesson never do a favour for people you know

By "cant be botherd with the hassle" do you mean the hassle of renting so that's why you're ending the tenancy?
Or the hassle of following the advice given above and ending it properly!

BitterAndTwisted

I think you're quite right about doing favours involving cash-folding for people you know. A tricky business sometimes but look at it this way: you've been collecting rent every month since July and the property has been occupied deterring squatters or goodness know what.

madas????

once the tennancy is up we selling will only buy houses to sell on from now on.
Thank you very much for your advise it has been a great help! just wish our situation wasn't so crap.