notice to tenant

pos1256

Hello all, My tenant has trashed my house and I would like her to move out as soon as possible, I have read that I normally need to give 2 months notice, but she has broken the tenancy agreement by causing damage to the property, can I give her 1 months notice?
There was a 1 year contract set up recently which still has 10 months to run.

Werdnal

Is property in England/Wales?
Is rent being paid on time/up to date?
When did tenancy start - exact date?
Did you take and protect a deposit?
Did you have a full and comprehensive inventory covering the condition of the property signed at the start of the tenancy?
When you say "trashed", what is the actual damage and how to you know? Have you inspected the property?

It is difficult to use damage as a reason to end the tenancy, as it is the condition the property is returned to you at the end of the tenant's agreement that actually matters. How can you tell that the tenant will not repair the damage before they leave?

theartfullodger

In the circumstances the only thing likely to work is bribery : Offer her serious money to go straight away, otherwise expect to get little further rent and months - several months - of pain waiting for the legal processes to grind their slow, slow way.

The only sure, effective notice you may serve now is an S21 expiring in 10months time. And that is not a notice to quit but rather is a notice saying you may - yes, only may - on expiry start court proceedings.

Next time maybe 6 months not 12???

Cheers!!

Artful

pos1256

Thanks all, the house is in england, the rent has been paid every month but not on time, I did take an invemtory, I did take a deposit.
When I say trashed , I mean the carpets which were straw coloured are now black, the garden is full of rubbish, the bathroom has been flooded twice now without explanation, bringing down the ceiling in the kitchen twice. The kitchen unit doors are blown because of water damage, the floor is like an ice rink with all the food/fat that has been spilt and not cleaned up. I have inspected the property to repair the damage. I've now asked her to move out, which she has agreed, but not sure if I legally have to give a certain amount of notice even if we agree a time scale, If I ask her to sign something to say she will be moving out on a certain date is there any come back on it? If she can't find a new place to live?

RAS

Werdnal wrote: »

?
When did tenancy start - exact date?
Did you take and protect a deposit?
Did you have a full and comprehensive inventory covering the condition of the property signed at the start of the tenancy?

Can you answer?

pos1256

Sorry, originally 1/2/10 but was renewed a year later so 1/2/11.
I've got a deposit, but it's not in the gov scheme.
got a signed inventory for condition as well.

jjlandlord

pos1256 wrote: »

I've now asked her to move out, which she has agreed, but not sure if I legally have to give a certain amount of notice even if we agree a time scale, If I ask her to sign something to say she will be moving out on a certain date is there any come back on it? If she can't find a new place to live?

If you both agree to terminate the tenancy you do not need a formal notice you need to draw a deed of surrender, which basically states that both parties have agreed to terminate the tenancy.
As mentioned by Artfullodger you might need "oil the wheels" a little bit to get things moving.

BitterAndTwisted

pos1256 wrote: »

I've got a deposit, but it's not in the gov scheme.

Why the heck not? It's not optional to protect the deposit, it's a legal requirement. Are you aware of the consequences of not protecting the deposit?

pos1256

Thanks JJlandlord, I think I try for that first.

Hi Bitter and twisted, I didn't realise that, I asked the tenant at the start if she wanted it stored there and she said she wasn't bothered so I didn't.

Enfieldian

You should have made your first post:

"I thought I would have a bash at being a Landlord but I really have not got a clue what I am doing"

Do you know what a Gas Safety Inspection is, by the way?

BitterAndTwisted

Please get that deposit protected asap! There are three schemes: DPS, TDS and MyDeposits. If you cannot reach an agreement with your tenant for an early surrender you risk not being able to end the tenancy by serving and attempting to enforce a Section 21 Notice while the deposit isn't protected.

I'm assuming that this tenant hasn't caused all of this appalling damage since the new tenancy agreement was signed a couple of months ago. Have you carried out any landlord inspections since the tenancy started last year? And of not, why not?