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

lizzielondon

bitsandpieces wrote: »

If you lie in court, it's perjury. You may not get caught out (although discussing specific - identifying - details of case on a public forum isn't a good start if this is the plan!) Very dodgy and risky, though, and not a good idea.

don't worry, ll wouldn't do this, we know it's not an option

lizzielondon

just had a thought.. although i think i may know the answer :cool:

can you get an attachment of earnings on income from benefits?

BitterAndTwisted

I believe you can but a court would probably only award a pound or two a week, so it would take half a life-time to pay it off

louiseg0151

Surely if the tenant has informed the LL that they will be leaving at the end of the FT and the LL has confirmed this in writing by recorded delivery, that should be enough to legally expect the tenant to leave as the tenant has then served their notice to quit.

BitterAndTwisted

Yes, hence my suggestion for the landlord to request an appointment in writing to do the check-out and receive the keys back but Fire Fix suggested that this could be interpreted as harassment. I didn't understand that point and I still don't so maybe it's just as well that I'm not a landlord or I'd be in deep do-do with the courts by now

Wickedkitten

louiseg0151 wrote: »

Surely if the tenant has informed the LL that they will be leaving at the end of the FT and the LL has confirmed this in writing by recorded delivery, that should be enough to legally expect the tenant to leave as the tenant has then served their notice to quit.

It would be pretty hard for him to prove she did if she turns around and says she never told him that.

placido

I think LL should communicate his expectation that the tenant will leave when six months is up. She needs to get the message (however sweetly) that his naivety and gullibility has now evaporated He could simply contact tenant (very politely) asking what time on the 15th of May he should call to collect the keys. Not much point in referring to a "checkout" since there is no deposit to consider.

Of course if she does not choose to leave voluntarily then LL will have to follow due process. If LL abides by the law he has nothing to fear from the law. Writing nasty letters to tenants is harassment. But I do not see how writing a polite letter asking for clarification on a point which is very important to the LL can be construed as harassment.

It is hardly depriving the tenant of the "quiet enjoyment" of her home. Or as in this case, it would seem, "noisy enjoyment".

God help the neighbours.

lizzielondon

he has writen her a letter pointing out various terms of the agreement she has breached. v factual he says, just pointing he knows about it.

he will also send one politely asking what time she would like to check out on the 14th/15th and has said if she would like to forfeit the tenancy early this is fine, she will not be held liable for rent past the date she leaves and to contact him. he just wants her out. all v. polite

he is feeling very guilty about the neighbours as one of them is another of his tenants

tbs624

BitterAndTwisted wrote: »

Your relative should serve a Section 21 notice immediately notifying their tenant that they should quit the property at the end of the fixed term. They have just less than a fortnight to get this served. .

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.
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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

No, B&T this is downright wrong - the Fixed Term has, as the OP has said, a 15th May expiry and there is not enough time to serve an effective s21 Notice to coincide with that date.

Fire_Fox wrote: »

B&T I don't think the landlord can serve an S21 with two weeks notice unless rent is paid weekly;.

A s21 Notice has to be of two months' duration as a minimum, timed appropriately.

There are other Notices, eg - a S8, Grounds 10 and 11 relating to an amount of rent outstanding at application and at hearing, persistent late payment of rent , Grounds 12 and 13 relating respectively to broken tenancy obligation/non performance of tenancy obligation and deterioration of the property, Gr 14 relating to conduct & annoyance to neighbours but these are discretionary grounds.

OP - get your family member over to the RLA, NLA or LL law for proper guidance on a full belt and braces on this one. S21 timings need to be spot on or the delays can cost the LL dearly.

If s/he is a soft touch and there is a rogue T in place s/he needs to be very careful not to give rise to a claim for tenant harassment.

lizzielondon

tbs624 wrote: »

No, B&T this is downright wrong - the Fixed Term has, as the OP has said, a 15th May expiry and there is not enough time to serve an effective s21 Notice to coincide with that date.

A s21 Notice has to be of two months' duration as a minimum, timed appropriately.

There are other Notices, eg - a S8, Grounds 10 and 11 relating to an amount of rent outstanding at application and at hearing, persistent late payment of rent , Grounds 12 and 13 relating respectively to broken tenancy obligation/non performance of tenancy obligation and deterioration of the property, Gr 14 relating to conduct & annoyance to neighbours but these are discretionary grounds.

OP - get your family member over to the RLA, NLA or LL law for proper guidance on a full belt and braces on this one. S21 timings need to be spot on or the delays can cost the LL dearly.

If s/he is a soft touch and there is a rogue T in place s/he needs to be very careful not to give rise to a claim for tenant harassment.

thanks tbs,

what exactly construes as 'tenant harrassment'? i'm a bit worried about him sending letters now.