Rental Property - Notice has been given to tenant

LouiseS_3

Just looking for some advise/guidance: -

I have rented my flat to the same tenant for the last 3/4 years. However due to a change in my own personal circumstances am now looking to move back into my property. The tenant was served with notice at the end of Jan using the 6 month break clause in the agreement, with a date for her to leave by 13 June.

I have enquired through my agents about going to view the property to do a little measuring at the middle/end of May. However when they asked the tenant she text me back basically telling to me get lost and that's she's fed up with looking for another property.

I am now worried that she is no longer actively looking for another property, and that she won't leave on 13 June.

What are my options?

Many thanks.

scottishblondie

Have you served a proper legal notice? Is her deposit protected (if you are in England/Wales)? Make sure that everything is done by the book.

Ultimately if she won't leave you will have to go through the courts to gain possession, but I think you're jumping the gun a bit. She doesn't have to allow you access to the property and is quite likely just peeved that she's being evicted, especially if she's been a good tenant.

PasturesNew

If you haven't got the measurements already, then it's a bit of tough t1tty. The tenant doesn't have to let you in for anything like this and as they've just been given notice to quit at the drop of a hat it's now a very stressful time for them (not to mention expensive!) as they're having to find a new place, view it and try to get one lined up. They'll be spending time on viewings and once they find somewhere they'll need to come up with £100-200 credit check fees, probably nearly £1000 new deposit and the month's rent up front, all with an overlap of time with the one they're renting from you.

Stop being so impatient...it's their home and it's being snatched from under their toes.

sleepyj

If your tenant wasn't planning to leave they wouldn't be fed up looking for another place

You don't need to do the measuring so leave them alone and don't pour any more fuel on the fire

kaisersoze_2

PasturesNew wrote: »

If you haven't got the measurements already, then it's a bit of tough t1tty. The tenant doesn't have to let you in for anything like this and as they've just been given notice to quit at the drop of a hat it's now a very stressful time for them (not to mention expensive!) as they're having to find a new place, view it and try to get one lined up. They'll be spending time on viewings and once they find somewhere they'll need to come up with £100-200 credit check fees, probably nearly £1000 new deposit and the month's rent up front, all with an overlap of time with the one they're renting from you.

Stop being so impatient...it's their home and it's being snatched from under their toes.

To be fair the tenant has been given 6 months to find a new property and get all the funds together which is much more than most people have to get.

DVardysShadow

Hmm, let us look at this a little more closely. You are using a 6 month break clause in January and it expires in June. So you actually gave the section 21 within a very few weeks of signing for another year. No wonder your tenant is not feeling very helpful. This is where letting the tenancy go periodic would have helped you and you would have managed your tenants expectations too.

I think you need to contact the tenant directly and offer an immediate release without notice if she finds somewhere she likes, in exchange for being allowed to take measurements.

LydiaJ

DVardysShadow wrote: »

I think you need to contact the tenant directly and offer an immediate release without notice if she finds somewhere she likes, in exchange for being allowed to take measurements.

That's what I thought. Try being nice to the tenant and see if you get some goodwill and flexibility in return.

A few years ago our LLs had a change of circumstances and wanted to live in their house again. They gave us 2 months' notice (as per rolling tenancy) but said we could leave any time and they'd only charge us rent up to the day we gave the keys back, whether it was a rental period or not. They said they were sorry we were being inconvenienced by what had happened to them, and they wanted to make things as easy as possible for us.

It really set the tone for how things were handled: they were accommodating and flexible with us, and we were accommodating and flexible with them.

Ulfar

So you have given 6 months notice, do you expect the tenant to pay right up until the end of that time if they find another property and want to move out ?

I wouldn't be looking for a new property as the tenant until 3 months before at the earliest, as no landlord is going to hold a property for 3 months.

You might get a better response if you had given them the notice with an undertaking that should they find a new place and want to move out early they could do so.

rexmedorum

Ulfar wrote: »

I wouldn't be looking for a new property as the tenant until 3 months before at the earliest, as no landlord is going to hold a property for 3 months.

You might get a better response if you had given them the notice with an undertaking that should they find a new place and want to move out early they could do so.

When we looked for opur first place to rent we were told to come back 2 months before we wanted to move in the erliest.
It's going to be a stressful & expensive time for them so I wouldn't be best pleased either. (Though of course you're not doing anything wrong as such)

lynzpower

Um no= OP says that they have been renting to the tenant for the 3/4 years

Please tell me OP you did not take any extra fees like tenancy fees/ contract charges or anything for renewing the Ts contract!

Snorkerz

As others have said, the tenant has no obligation whatsoever to let you, or anyone else into their home except in case of emergency or court order!

That's the bad news. Take a read at this web page, it will give a simplistic view of the legal eviction process under section 21 of the 1988 Housing Act - which is what you will need to rely on if the T doesnt leave in June. http://tenancyanswers.ucoz.com/index/ast_tenants_not_in_breach_of_contract/0-37