advise please - tenant not giving correct notice - periodic tenancy

bindiboo

Hi just some advise please.

My hubby rented a property to tenant for 12 months which was to expire 25.08.12. We wrote to tenant serving 2 months notice prior to end of tenancy and the tenant asked if the tenancy could continue as a periodic. Now tenant is meant to pay on the 26th of each month and was due to pay on 26th August but has not paid.

The usual arrangement is that hubby would collect the rent directly from tenant by prior arrangement usually by phone or text.

The tenant has been unreachable, not answering her phone or responding to text.

This is the 2nd time she has been late. In July she paid 19 days late.

Yesterday I sent her a recorded delivered letter saying that as she had not responded to calls/text and her rent was in arrears again she had 7 working days to pay the rent or legal action would be sought.

Today hubby had a really nasty text from her saying that she was not giving him any notice and was going to move out next weekend.

Does anyone have any advise? She still owes rent! Do we write to her and say that we take her text as formal notice of her quitting or something and a date for us to take pocession???

what do think guys

cheers

franklee

I'm quite confused. You served the section 21 so presumably you want the tenant to leave? If so then I'd co-operate with her dates especially as rent collection is proving difficult. That way you can get in, clean up etc. and relet or whatever asap. The old saying is no tenant is better than a bad tenant. Was the tenancy running OK before the S21 was served? Some tenants react badly to a S21, especially if they are short of cash to move, finding a new deposit and agent's fees etc.

If you insist on a full periods notice then likely she won't move or make clear if she's moved or not. If you can't get clear she's left then you have the hassle of traipsing though court to get possession which IMO is best avoided. Once she's gone you can start a claim for the unpaid rent and claim any damages at first port of call from her deposit.

I would have thought that the best thing is to sit tight and see what the weekend brings, possibly arrange a key handover. I'm not sure you can take a text as formal notice especially as the text said it's wasn't notice so it's best IMO to get that backed up with something in writing if possible but without hassling her if that can be done. Can you find a document to surrender the tenancy and then take it with you for signing at key handover?

missile

You want her out, presumably sooner the better. You have a deposit which will cover most of the rent arears?

You could take her to court for the balance, but I would suggest it is not worth the hassle. Try to avoid aggrevating your tenant further. It sounds like she caould be vindictive and do a lot of damage to your property.

She may find she needs a reference for her next property rental. My response would be "I will be pleased to provide a reference after you pay the rent arears". If you want to be mean, you could charge her a fee to provide it.

Soot2006

Yesterday I sent her a recorded delivered letter saying that as she had not responded to calls/text and her rent was in arrears again she had 7 working days to pay the rent or legal action would be sought.

Empty threats - she's probably realised you don't know much about tenancy law and has decided to try to get away with what she can. I'd let her go ASAP. Make sure you get a deed of surrender. Then in a few months, trace her and make a claim for the missing rent (on the understanding you might not actually get it, but the pleasure of a CCJ if she doesn't pay should be worth the small claims fee if you don't).

System

Is she still in the house or did she decamp on the 25th with all her stuff thereby ending the tenancy?

bindiboo

Sshe is still in the property as far as we know. So a deed of surrender with a date of possession is what I should do then? Her deposit should cover her rent arrears and we would have to inspect for any damage as she kept a dog at the property

theartfullodger

Deed of surrender is signed by both parties & witness AFTER she has exited & returned the keys. (eg on pavement 1 minute after door closes..).

I would suggest your priority is to get her out & deed signed. Then worry about damage.. Arguing about damage first & you'll be there all month...

bindiboo

theartfullodger wrote: »

Deed of surrender is signed by both parties & witness AFTER she has exited & returned the keys. (eg on pavement 1 minute after door closes..).

I would suggest your priority is to get her out & deed signed. Then worry about damage.. Arguing about damage first & you'll be there all month...

Thanks should we also give her a breakdown of the rent she owes upto the date of surrender as we would want to claim this from her deposit. She is about 13 days in arrears today. Also we wouldnt stand there arguing as we want her to go now and as franklee has already quoted "no tenant is better than a bad tenant"

bindiboo

franklee wrote: »

I'm quite confused. You served the section 21 so presumably you want the tenant to leave? If so then I'd co-operate with her dates especially as rent collection is proving difficult. That way you can get in, clean up etc. and relet or whatever asap. The old saying is no tenant is better than a bad tenant. Was the tenancy running OK before the S21 was served? Some tenants react badly to a S21, especially if they are short of cash to move, finding a new deposit and agent's fees etc.

If you insist on a full periods notice then likely she won't move or make clear if she's moved or not. If you can't get clear she's left then you have the hassle of traipsing though court to get possession which IMO is best avoided. Once she's gone you can start a claim for the unpaid rent and claim any damages at first port of call from her deposit.

I would have thought that the best thing is to sit tight and see what the weekend brings, possibly arrange a key handover. I'm not sure you can take a text as formal notice especially as the text said it's wasn't notice so it's best IMO to get that backed up with something in writing if possible but without hassling her if that can be done. Can you find a document to surrender the tenancy and then take it with you for signing at key handover?

Thank franklee

The letter I sent her was to formely ask for the rent which was at that time 10 days in arrears (now 13 days), giving her 7 working days to pay or we would proceed with the legals. She was late with her last months rent as well, but prior to that was on time.

I think its best she went now and will do a deed of surrender. As she hasnt given us a definate date when she is going should I write to her asking her for a date so that we can be there to receive the keys and sign the deed?? All she has said in the text is that she is going next weekend!

theartfullodger

Depends on the wording of the deed....

bindiboo

any suitable templates for deed of surrender???