Tenant said would leave at the end of the fixed term: UPDATE WINDOW SMASHED

Fire_Fox

B&T I don't think the landlord can serve an S21 with two weeks notice unless rent is paid weekly; the TENANT can leave without notice at the end of the fixed term but AFAIK the landlord does not have the same exit clause. If the landlord serves notice with the wrong dates on a court will deem it not to have been served - please check with Landlordzone.

lizzielondon

thanks B&T and FF,

FF what you've said is what i understand to be correct

does anyone know the other grounds to evict on?

had a quick flick through the contract & she's breached two points of her tenancy-

1) noise- disturbing neighbours
2)invalidating ll insurance by not reporting the window was broken

can you be evicting because of this?

lizzielondon

rent is paid weekly to her from LHA

should be paid monthly to ll... it's been paid all over the place

BitterAndTwisted

You said that the fixed term ends on the 15th of May so your relative needs to serve the S21 by the 14th of April.

A Section 21 is also known as a "no-fault" notice so your relative does not have to give a reason why the tenancy will not be extended. I have a feeling that this tenant may choose not to leave so your relative will most probably have to go to court to get a possession order and get the bailiffs in after that.

lizzielondon

BitterAndTwisted wrote: »

You said that the fixed term ends on the 15th of May so your relative needs to serve the S21 by the 14th of April.

A Section 21 is also known as a "no-fault" notice so your relative does not have to give a reason why the tenancy will not be extended. I have a feeling that this tenant may choose not to leave so your relative will most probably have to go to court to get a possession order and get the bailiffs in after that.

but a landlord has to give 2 months notice?

Blacksheep1979

lizzielondon wrote: »

no it wasn't he's never had to use one before- he has really good trusting relationships with the rest of his tenants and the majority are long term

I'm not too sure you're getting what I'm hinting at - nobody knows/can prove what was in the envelope....

BitterAndTwisted

lizzielondon wrote: »

but a landlord has to give 2 months notice?

It's my understanding that the landlord has to give 2 months notice only once the original fixed-term AST has expired and the tenancy has then become a periodic one. This tenant is still in their fixed-term so they need to be given only one month

lizzielondon

BitterAndTwisted wrote: »

It's my understanding that the landlord has to give 2 months notice only once the original fixed-term AST has expired and the tenancy has then become a periodic one. This tenant is still in their fixed-term so they need to be given only one month

that would be amazing - do you know where any legislation etc would be online regarding this

lizzielondon

Blacksheep1979 wrote: »

I'm not too sure you're getting what I'm hinting at - nobody knows/can prove what was in the envelope....

ohhhhh lol

not got my deceptive hat on today...

how dodgy is this though... like on a dodgy scale?

BitterAndTwisted

Have a look on the landlordzone forum, I'm sure you'll find all the information there.

What your relative could do is to contact the tenant, remind them that their fixed-term ends on the 15th of May and ask for an appointment-time on the 15th to carry out a check-out inspection and to accept a hand-over of the keys. This makes clear to the tenant that they won't be having their AST extended and that the landlord is expecting them to leave.

I sincerely hope that your relative has now accepted their foolishness in not demanding a damage-deposit and that they now realise it's not good policy to be seen as a soft-touch by actually LENDING tenants money.

I have a feeling this tenant is going to be harder to shift than a case of the boils