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

tbs624

Benji wrote: »

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 (lazy)to ask/learn (at the right time, ie before they let a property out) 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,

My amendments in brackets. Note that the OP has said

moonlight76 wrote: »

it commenced in january. was for 6 months. end date is 10.7.11.

EPC therefore* was* required prior to tenancy being signed up for.


When amateur LLs fail to do their research, or choose to wilfully ignore the many laws and regs that apply to property letting, then IMO it’s generally fair to question whether they’ve complied with obligations other than those asked about by the OP.

Appropriate buildings insurance is of course a standard Lender requirement and if you have a T in place then a standard resi policy will not provide the necessary cover. OP may own the property outright but equally of course may not have sought CTL if on a resi mortage nor have a BTL mortgage in place either.

It’s not that hard for any potential LL to get educated - google “letting property”and up pops www.direct.gov.uk/en/.../RentingOutYourProperty/index.htm. Contact the NLA /RLA/ Guild of Res LLs etc or a local LL association or the local Council's PRS officer - courses/accreditation schemes available.

may_fair

moonlight76 wrote: »

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

So did the fixed term commence on 11th January 2011?

In addition to benji's advice to 1. protect the deposit, 2. provide T with the prescribed information, and 3. serve a s.21(1)(b) notice (in that order), note that you cannot unilaterally end the tenancy by 'a letter', and a s.21 notice is not a notice to quit. It merely entitles you to apply for possession after notice expiry.

The T can 'stay for a few weeks extra' whether you're happy or not. You can't evict him without serving notice, and obtaining and enforcing a possession order. This'll take at least 4-5 months from start to finish.