what form do i give to tenant ending tenancy help!!

moonlight76

Hi
I am not renewing the tenancy. This is due to refurbishing the property and i will then move in,. The tenant doesnt owe any rent . There have been no issues like that. i have to give then notice, what notice period and what form do i complete. has anyone got a link to form i can download. tenancy due to end naturally

may_fair

moonlight76 wrote: »

Hi
I am not renewing the tenancy. This is due to refurbishing the property and i will then move in,. The tenant doesnt owe any rent . There have been no issues like that. i have to give then notice, what notice period and what form do i complete. has anyone got a link to form i can download. tenancy due to end naturally

Is the tenancy an AST in England/Wales?
What date did the fixed term commence (dd/mm/yy)?
What is the length of term (and does it specify an 'end' date)?
Did T pay a deposit and if so, is it protected and did you provide T with the prescribed information?
Have you tried discussing your plans with the T?

Note that, if this an AST, then even if you don't renew the tenancy, if the T doesn't move out at fixed term expiry then a statutory periodic tenancy will automatically arise.

G_M

Impossible to advise you till you answer May_fair's Qs above.

moonlight76

may_fair wrote: »

Is the tenancy an AST in England/Wales?
What date did the fixed term commence (dd/mm/yy)?
What is the length of term (and does it specify an 'end' date)?
Did T pay a deposit and if so, is it protected and did you provide T with the prescribed information?
Have you tried discussing your plans with the T?

Note that, if this an AST, then even if you don't renew the tenancy, if the T doesn't move out at fixed term expiry then a statutory periodic tenancy will automatically arise.

it commenced in january. was for 6 months. end date is 10.7.11. its AST in england/wales. The deposit is not protected. yes T paid deposit. T wants to apply for council place and wants a letter saying that i am eending tenancy. want to do it correctly. happy for T to stay few weeks extra to sort self out. HELP

BitterAndTwisted

If you want to do it correctly you will have to protect the deposit first!

G_M

You cannot serve notice without protecting the deposit. The court will throw out your application for possession.

Aside from that, what kind of landlord these days does not protect the deposit?

Wee_Willy_Harris

The same sort of landlord who lends a complete stranger their biggest single asset without any thought as to how they will get it back off them?

Werdnal

Wee_Willy_Harris wrote: »

The same sort of landlord who lends a complete stranger their biggest single asset without any thought as to how they will get it back off them?

And the same sort who are blissfully unaware that most cash strapped council housing departments will not offer tenants a property unless they are formally evicted through a court possession order!

Benji

You need to
a) protect the deposit for free at http://www.depositprotection.com
b) issue a valid section 21 notice http://tenancyanswers.ucoz.com/index/ast_tenants_not_in_breach_of_contract/0-37

As has already been alluded to, the council will not rehome your tenant until you either have a court order, or, in more & more cases, the bailiffs have arranged an eviction date. The reason for this is that the tenant is in no threat of homelessness until this stage.

Providing you get your paperwork right, it will take around 4 months before your tenant gets a court order, and cost you £175 if you DIY it. If council still do not move, it will cost a further £110 and take around a further month to organise bailiffs.

You can find companies who will do the whole package for around £1000 plus vat. (google tenant eviction s21)

satchmeister

You didn't protect the tenants deposit and now you want to get rid of them even though they have paid their rent. Do you have LL insurance? Have you done the required legal checks/inspections? Did you provide an energy certificate? You expect the tenant to cover their moving costs.

You started a business without due diligence, I assume you have not informed HMRC re the rent either.

Benji

satchmeister wrote: »

You didn't protect the tenants deposit and now you want to get rid of them even though they have paid their rent. Do you have LL insurance? Have you done the required legal checks/inspections? Did you provide an energy certificate? You expect the tenant to cover their moving costs.

You started a business without due diligence, I assume you have not informed HMRC re the rent either.

Although I have to agree that the lack of deposit protection and the landlords obvious lack of knowledge regarding the eviction process are very concerning, you have made a number of assumptions there that may be totally unfounded. What we need is loads of 'educated' landlords, not loads of landlords who are too afraid to ask/learn in case they get flamed.
FWIW, whilst advisable, insurance is not a legal obligation and for all we know the tenancy may have begun prior to the 2008 introduction of EPCs,