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Can the tenant do this?
Comments
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Isn't the correct term for expiry of an S21 "after x (date)"?
Usually, yes. Hence my use of the word "may". However, I am also mindful of....moments_of_sanity wrote: »We will be seeking possession on the 12 Jan and if not given we will seek a court order.0 -
moments_of_sanity wrote: »So when should I date it in the expiry box?
The notice must expire AFTER the last date of the fixed term. If served within the fixed term, as long as it is at least 2 months and expires AFTER the end of the fixed term, the actual date doesn't matter.moments_of_sanity wrote: »It was and we have confirmation of that, tenants haven't kept the garden tidy so LA is saying he may withold some of the deposit
Is this your best shot and getting the tenant onside?0 -
???????? What do YOU say? You are the landlord aren't you???moments_of_sanity wrote: »So when should I date it in the expiry box?
It was and we have confirmation of that, tenants haven't kept the garden tidy so LA is saying he may withold some of the deposit0 -
Wee_Willy_Harris wrote: »The notice must expire AFTER the last date of the fixed term. If served within the fixed term, as long as it is at least 2 months and expires AFTER the end of the fixed term, the actual date doesn't matter.
Is this your best shot and getting the tenant onside?
No, the LA is going over to speak with her tomorrow (apparently they have a good relationship) and said he will mention it then - he actually pointed it out to us but not really fussed about the garden as won't take much to sort. I' m not sure we will be able to get the tenant on side no matter what we do, she had a 'niggle' about some cables that were in the corner of the living room (tv and sky) and today was the first we heard about it (apparently reported to LA some time ago and not reported to us) so DH offered to go over and sort for her tomorrow but she said 'not to bother'.
We were advised to not speak with the tenants by the LA as he said it caused more problems etc so that is what we have done up until this week, trouble is seems like this is the wrong way to have done things
So do we date the S21 for the 13th January? (sorry really confused about this as I thought it would then go into another month as rent is payable on the 13th)?0 -
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Eton_Rifle wrote: »It's nice of the tenant to permit viewings but I'd be extremely wary of letting her use the agent she clearly feels is in her pocket. That's too much power over your finances.
I'd continue her tenancy undisturbed so she pays to heat the place over the winter (a slow selling period anyway) then boot her in the spring to sell the place empty.
I really don't trust the LA at all and that is the one she wants to market the property, trouble is probably not cost effective to move agents now so close to the end of the tenancy.
I am beginning to think this is the best idea as we could then decorate once she leaves.0 -
moments_of_sanity wrote: »No, the LA is going over to speak with her tomorrow (apparently they have a good relationship) and said he will mention it then - he actually pointed it out to us but not really fussed about the garden as won't take much to sort. I' m not sure we will be able to get the tenant on side no matter what we do, she had a 'niggle' about some cables that were in the corner of the living room (tv and sky) and today was the first we heard about it (apparently reported to LA some time ago and not reported to us) so DH offered to go over and sort for her tomorrow but she said 'not to bother'.
We were advised to not speak with the tenants by the LA as he said it caused more problems etc so that is what we have done up until this week, trouble is seems like this is the wrong way to have done things
So do we date the S21 for the 13th January? (sorry really confused about this as I thought it would then go into another month as rent is payable on the 13th)?
If served within the fixed term, to expire AFTER the end of the fixed term, then any date from the 13th Jan onwards should be fine. Please note that I am offering that date with only the minimal information given and without sight of the tenancy agreement or any other documents that may be pertinent. I would strongly suggest you get a second opinion to cover your back. The above represents free information and is, as such, worth every penny. The 88 housing act is available online and S21 is pretty self explanatory.
The deposit is, at the end of the day, the tenants money and may be required for her new home. I would consider if depriving her of all/some of it for the sake of a bit of pruning would be worth the effort if she then turns round and tells you to get a court order to shift her.0 -
So she will only have been in there six months when the tenancy ends in January. I take it you did tell her it was only a short six month let before she committed? If not then I'm not surprised you've an upset and uncooperative tenant.moments_of_sanity wrote: »Tenancy started on the 13 July, date of the S21 is today but in the Date of Expiry we have put 12 Jan 20120 -
moments_of_sanity wrote: »Not worried about the garden as it will be easy to sort
The point is that you are the LL, you are responsible, the LA works for you and you should really be making these decisions based on what you want to do, and the LA should then carry them out.
Considering you seem wary of these agents, you seem oddly passive in letting them do what they want in the running of your property. You are responsible for any actions they take on your behalf. Do you want to attempt to keep part of the deposit because of the garden when you know its easy to sort out?If you don't stand for something, you'll fall for anything0 -
So she will only have been in there six months when the tenancy ends in January. I take it you did tell her it was only a short six month let before she committed? If not then I'm not surprised you've an upset and uncooperative tenant.
That's what I was thinking-did she know it would only be 6 months? otherwise she has been there all of 10 weeks and you are serving her notice?0
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