Landlord etiquette query

pboae

We have tennants in our old home, and we won't be renewing the lease next year for 2 reasons, 1: our management agency have been taken over and are now worse than useless, and 2: the house needs loads of repairs, new central heating, windows need replacing etc, and patching things up just isn't an option anymore. So we want it empty for a couple of months to get everything back up to standard, and then re-let.

We have asked the management agency to let them know we are planning to do this, and say that we are happy for the tennants to go earlier if they, wish with no penalty (it makes no difference to us whether they stay 2 months or the full 6), and then to serve the official notice in December when it is due.

They say they have done this, but frankly I don't believe them. We've had no problems with the tennants, they've been there a few years and have kids. I don't want to screw them around or for them to get the notice over Christmas with no warning.

Would it be bad form to drop them an informal note myself to make sure they are aware? If I do, does that present any potential legal difficulties if they later refuse to leave when legal notice is served? Or some other pitfall I haven't thought of. Would it be better to do it subtley, i.e. asking to go round with a builder to measure up, and dropping it in to conversation?

clutton_2

why not ask your agent for a copy of the letter/notice first ?

black-saturn

Sorry can you just clarify a point for me? Are you planning on having the same tenant back after the repairs have been carried out or are you planning to evict that tenant and get a new one?

pboae

clutton: getting correspondance off them is always like getting blood out of a stone. It's hard enough getting regular statements off them. I asked for a copy of the letter initially and just got a letter addressed to us acknowledging that we wouldn't be renewing next year. I asked again for a copy of the original letter, and just got another copy of the letter they sent us. This is pretty much what I expected from them anyway.

BS: we plan to evict the tenants and get new ones. Mainly because we need a clean break with the agency. But in any case, I wouldn't expect them to want to hang around for 3 or 4 months then move back in.

I feel bad for the tenants as they have done nothing wrong and they've been great tenants. But we need rid of the management agency, and we also really need to get the work done, and it isn't practical with tenants living there.

We are 'accidental' landlords, and only let the house out originally because we couldn't sell it. We live miles away now, and need a reliable management agency to make it viable.

black-saturn

If you are evicting the tenants you need to give them written legal notice that you are doing so. Either deliver it by hand or post it recorded delivery.

They are by law entitled to 8 weeks notice from the date of a payment. So say if they pay rent on the 30th of every month it is 8 weeks from the next 30th of the month.

If after 8 weeks they still havn't found anywhere to move to they will be advised by the council to stay put. Then you will have to take the matter to the county court. The courts will then probably give them another 8 weeks to find somewhere to live. If then they still havn't found anywhere you will have to take it to court again. The courts will then either give you the house or give them more time. if they have children the courts are more inclined to give them more time. Then and only then can you have your house back.

The other option of course is to put the family up in temporary accommodation for the time you need to do the repairs and put their belongings in storage. They will pay you rent as usual but you will use that to pay for the temporary accommodation. Then at the end of the repairs they can move back in and everyones happy.

You can change your lettings agent at any time. I'm sure the family won't mind who the lettings agent is as long as they still have their home and you won't have to go through the rigmorole of evicting them. It also seems a bit silly when you say they have done nothing wrong. The next tenants you get might not be so grateful of the work you've done.

nabowla

Speaking as a tenant, I'd appreciate as much notice as possible about a move. The last move I had was horrendous - the tenancy was up for renewal and the landlord had agreed to renew, only to change his mind 4 weeks before the tenancy lapsed. It's legal but it left me struggling to find somewhere to live at very short notice.

If I were you I'd write your tenants an informal note explaining that you've recently instructed the managing agent not to renew the lease because of the reasons that you mentioned in your OP. Tell them that your note to them isn't part of the legal 'notice to quit' process but is just a courtesy note to make sure that they're aware of the situation and have plenty of time to look for a new home. Mention that the legal paperwork will be sent to them by the agency in the near future. Finish off in a friendly fashion - wish them all the best for the future and offer to give them a reference for their next tenancy if you were happy with them. That way you can't be accused of being threatening or intimidating! Finally, keep a copy of the letter for your own records, just in case you have problems at a later date.

pboae

BS: we plan to end the tenancy at the end of this contract, Feb 27th. So the official notice will have to be served on 27th December. The management agency say they will do that (and I will be in the area over Xmas to make sure they do). What I wanted to do is let them know in advance that we will be doing that so they don't get the letter over Xmas without any warning, and also tell them that if they find a place earlier they can leave without any penalty and they don't need to give us the full notice.

There is no way we can afford to put them up in temp accomodation in the meantime. Because the house is in desperate need of TLC they are paying a fairly low rent and we wouldn't come close to covering our costs.

The terms of the letting agreement mean we would have to keep paying a fee to the original agency each year because they introduced these tenants. We approached a couple of management agencies about them taking it over, but they weren't interested when it would have to be split like that. I don't want to end up paying double the fees.

nabowla, that's exactly what I was hoping to do. It seems the polite and commen sense thing to do. I just want to be sure it won't open some legal loophole and make things difficult in the long run.

Doozergirl

I can't see how there would be any legal argument as you're not actually serving notice on the tenant until the date you legally can, in fact, what you are doing sounds entirely fair.

If your tenants do decide to move out early, I can still see your managing agent asking for their fee for the full period of the AST.

pboae

Yes, I think the agent will ask for the full fee, but I have a long long list of jobs they haven't done (that we have already paid for) so they won't get a penny extra if I can help it.

Doozergirl

pboae wrote:

Yes, I think the agent will ask for the full fee, but I have a long long list of jobs they haven't done (that we have already paid for) so they won't get a penny extra if I can help it.

Good Luck! :beer:

clutton_2

i recently refurbed a house which had tenants in situ, and the tenants utterly refused to move out !!!!! (in spite of my saying that i would help them find somewhere else) They were a foreign family, with only one daughter speaking some english. I wrote a long letter to them, so they could get it translated, so they could understand what would happen (i was installing a damp course, all the plaster off the walls, new windows, doors, new studding wall, etc etc so MAJOR mess !!!! ) They opted to stay !!!!!! They were SO pleased that the house was being refurbed, that they were willing to stay and live with all that mess for 3 weeks.

I did not charge them rent for the refurb period and they even offered to do all the walllpapering and painting as long as i provided the materials.

They knew i would be increasing the rent afterwards, and i think because i was so upfront and open with them, they knew they would have a few weeks discomfort and then a Much better drier house. When i told them they could come and choose carpet colours and wallpaper, they were over the moon. A real win win situation all round. Having folks in situ, made the builders Really work fast, as they could see if was a dreadful mess for the family.

you never know how people will react !!!