issuing end of tenancy

lilyxpie

Hi,
I've got a a house I rent out with a nightmare tenant in! She's suggested today that I give her notice (think she wants more points for a council house as she has mentioned before that she's on list). I do want to give her notice but had planned to next month as this would be her 8 week notice prior to 6 month contact ending on 24th September. Do I give her a 3 month notice period, or issue the 2 month as she;s in loads of breaches of contract (house wrecked by dog she's not got permission for, painted orange without permission - for a fee she knocked of last months rent!). I just need advice on which is will be most straightforward as I have got grounds to evict her now, but is it easier (for the sake of 4 weeks) just not to renew contract and hope she does actually move out! She will have been there for 3 years in September, on 6 monthly contracts and have only really had problems for the last few months. Also she's invalidated my insurance as I'm not covered for pet damage as she shouldn't have one there. Also on maternity pay at moment so would only have money to repair damage from September. Advice appreciated, thanks

RAS

You need to give her a minimum of two month's notice from the correct date now as if you give her three months notice she does not have to move until October 23. If you fail to do this and she does not move out in September, you have to give her two month's notice from the end of September which means she will be there til Christmas.

This way you can start legal action if she is still there at the end of Spetember.

G_M

If she's hoping to get re-housed by the council don't expect her to move out when the fixed term ends or your 2 month notice ends. You'll need to go to court.

Evicting during the fixed term is much harder (is she in arrears? how much?). I would just give the standard 2 months (NOT 8 weeks) to coincide with the end of the fixed term.

Hope you have a large deposit? And it's protected in a scheme ?(assuming you're in Eng/Wales and she moved in post 2007)

lilyxpie

Thanks, so to clarify (sorry!) her tenancy will end contractually on 24th Sept so if I if I issue letter tomorrow to say that contract is not being renewed in September that will be 3 months notice and thats ok, or do I issue it next month with just 2 months notice on? Do I have to issue anything else - I keep reading horror stories wrong sections and dates being issued and don't want to fall into any traps. Thanks

lilyxpie

Hi, thanks. Everything above board with house, deposit protected etc. She's in arrears due to invoicing me for decorating costs (which I planned to get from deposit). Deposit was months rents which was 480 which is not going to cover damage as needing new carpets, plaster from dog etc. She has always paid rent in full, just not in time and at her own convenience. Get annoyed because council pay it for her now as she's become a student

Yorkie1

1. Is her deposit protected in one of the schemes?

2. Her tenancy started on 25th March, rent payable monthly, property in E/W?

Assuming yes, you have to give minimum two months to end at the end of a rental period. So if you gave notice tomorrow it will be less than three months to the end of the tenancy so you are OK. Do not leave it until 24th July to issue the notice as you will be too late by then and the tenancy cannot expire until 24th Sept.

Make sure you get the wording correct or the notice will get thrown out by the judge and you'll have to start again. As others have said, if she wants the council to rehouse her then you'll almost certainly need to proceed to court to obtain the eviction order and, possibly, bailiffs.

Edit: Just seen your reply above re. Q1.

DVardysShadow

Stick the knife in. Give her a section 21 and include the words 'as requested by yourself on <date>'. :rotfl::rotfl::rotfl:

lilyxpie

Tenancy started on 25th March and is in Wales. So its a 'section21 notice to quit' need to issue?
Never had to do this before as its always been a mutual agreement. thanks

Yorkie1

Yes but I think you need to make sure you refer to the correct part of s.21, and also if I recall correctly there's something about the precise wording you use when referring to the expiry date.

Hopefully someone else can be more precise as I'm not an expert.

lilyxpie

Another problem - she's moved her mother up from London who's waiting to be housed. Again without permission but isn't on a contract as this has happened recently and it was initially for some R&R as she'd been ill but has ended up staying on. Are there legal implications to a second adult 'staying' there? thanks

may_fair

lilyxpie wrote: »

I do want to give her notice but had planned to next month as this would be her 8 week notice prior to 6 month contact ending on 24th September.

lilyxpie wrote: »

Tenancy started on 25th March and is in Wales. So its a 'section21 notice to quit' need to issue?

There is no '8 week notice'. With an AST, within the fixed term you need to serve a s.21(1)(b) notice giving at least two months notice and not expiring before the end of the fixed term (ignore comments about rental periods in a previous post).

As it is more than two months until the end of the fixed term, if you serve the notice now, the earliest expiry date is "after 24th September 2011" (and you can serve a notice with this expiry date any time up to 24th July - after that it'd have to expire later, e.g. if served on 4th August, it'd have to expire "after 4th October" or later in order to give T at least two months' notice).

Keep a copy of the notice and obtain evidence of service. If posting, post duplicate notices from two separate post offices, obtaining a free certificate of posting from each PO (note that the notice will not be deemed served until two working days later). If serving by hand, take an independent witness. You will need evidence of service if you go on to apply for possession. The date of service is not included in the notice period.

A s.21 notice is not a notice to quit; it does not end the tenancy nor oblige the tenant to vacate. It merely entitles you to apply for possession after the notice expires.

Deposit protection is a two step process. You must have provided T with the prescribed information as well as protecting the deposit, before you can serve a valid s.21 notice.

Template notice here - 'Section 21: Possession at end of tenancy - fixed term'
http://www.letlink.co.uk/letting-library/library-resources/key-statutes-statutory-extracts-and-forms.html

lilyxpie wrote: »

Another problem - she's moved her mother up from London who's waiting to be housed. Again without permission but isn't on a contract as this has happened recently and it was initially for some R&R as she'd been ill but has ended up staying on. Are there legal implications to a second adult 'staying' there? thanks

No. When and if you obtain and enforce a possession order, the mother would be evicted along with the tenant.