Asking Tenants to Vacate

Terrysdelight

Hi

If a tenancy agreement has expired can the landlord send a letter asking for property to be vacated, giving correct notice of course. Or does it have to be (or is it best) on a proper form - think it's called S21?

Bascially - what is the proper procedure?

Many thanks
Terri

BitterAndTwisted

You need to issue a Section 21 Notice if the tenancy is in England & Wales and you've protected the tenant's deposit if the tenancy started after April 2007.

You need to give the tenants at least two months notice paying particular attention to the dates on the original agreement. It's actually at least two rental periods before you can apply to the court for possession and you have to have proof that you've served it.

Of course, the S21 doesn't guarantee that the tenants will vacate and that's why it's called a "notice".

theartfullodger

You can send a letter asking tenant to leave : totally OK. Any timescale you like.. can ask them to leave tommorrow at 3:00pm.

However if Tenant doesn't go the letter cannot be used for legal action. For that you need a section 21 (or 8) notice .

G_M

As Artful says, yes you can ask anything you like. They may agree. Or they may not.

If you wish to make them leave, then follow Bitter's advice.

BitterAndTwisted

I wonder how long this person has been a landlord for and why they don't know how to bring a tenancy to an end? it's a bit worrying, really.

This is a person who badly need to join a landlord's association. The advice they are seeking would then be freely available. And reliably accurate

G_M

BitterAndTwisted wrote: »

The advice they are seeking would then be freely available. And reliably accurate

Whereas our advice is..... :rotfl:

DVardysShadow

I think the question needs reinterpreting. What constitutes an S21 notice? Is it

• A letter
• A letter stating notice under 21
• A letter containing a prescribed form of words
• An actual official form stating S21

BitterAndTwisted

G_M wrote: »

Whereas our advice is..... :rotfl:

Well, I think my advice is accurate and reliable and you probably do too but the OP is asking a load of strangers who could be qualified to give advice or they could all be naughty mischief-makers misleading the poor OP up the garden path.

If it was my property and I wanted to be certain that I could get shot of the tenants legally I know what I'd be doing......

dodger1

BitterAndTwisted wrote: »

I wonder how long this person has been a landlord for and why they don't know how to bring a tenancy to an end? it's a bit worrying, really.

This is a person who badly need to join a landlord's association. The advice they are seeking would then be freely available. And reliably accurate

G_M wrote: »

Whereas our advice is..... :rotfl:

Most of us who read this particular forum will know where the good advice is coming from and I include you and Bitter amongst the good advice ones. However from time to time bad advice is offered by others and newbie posters (although OP isn't a newbie) may take the bad advice at face value. I'd expect LLs to know most things prior to becoming a LL.

Terrysdelight

BitterAndTwisted wrote: »

I wonder how long this person has been a landlord for and why they don't know how to bring a tenancy to an end? it's a bit worrying, really.

This is a person who badly need to join a landlord's association. The advice they are seeking would then be freely available. And reliably accurate

Did I say I am a landlord?

Just asking on behalf of someone who needs a little more time and has received an informal letter - looks like he has a bit longer.

Thanks people.

clutton_2

Well Teri - the smug sarky so-and-sos who have responded in their usual manner on this thread, have been caught out at last.. they are used to taking the mickey out of new landlords who come here for help... claiming they are pro tenant.. but here you are asking on behalf of a tenant friend. !! very funny guys very amusing


Teri - Assuming you live in England - i am a LL of 12 years and to answer your question, a tenant who is still in the fixed period of the original tenancy agreement cannot be forced to leave (unless s/he owes 2 months rent or more) prior to the end of the agreement. After the agreement ends the agreement automatically becomes a Statutory Periodic tenancy, and a tenant must be given a Section 21 notice which is 2 months notice, ending at the end of a rental period. so if your friend moved in on the 1st of the month, the notice must end on the last day of the month.

If the tenant wants to move out s/he must give one months notice as above.

Even after the two months the tenant does not have to move, s/he can stay put. The LL then has to apply to court for a hearing, this can take several weeks, possibly a couple of months as more and more courts are being closed. The court will hear an application, and will order the tenant to leave but only if the LL has got all the paperwork correct. EVEN then the tenant does not have to leave, as the LL has to apply to the court for a Bailiffs Warrant. So, if the LL has not served a proper Section 21 notice yet, your friend can bank on at least 4 months before having to move.