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Dad wants to rent privately now

Hi hoping you can help me here because my dad has been nagging me about what to do with his tenant from hell. I wanted to know what is the best way to get rid of tenants if you no longer want them in your property because you wish to rent it out privately?

Comments

  • 19lottie82
    19lottie82 Posts: 6,031 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    what do you mean he "wants to rent it out privately"? what is the scenario now?

    if you have a tenant in your property and want them out, if they are not behind in rent (2 months in arrears I think) you must wait until they are out of their min term contract and issue a section 21 notice. this tells them that you intend to reclaim the property. if they don't leave on the date you have asked them to vacate (2 months later), your dad can go to court to request that they are evicted. He must then employ bailiffs to remove them (if the eviction is granted).

    the notice and dates must be 100% correct, otherwise it will be invalid.

    has your dad protected the deposit? if not he must return it (regardless of damage / rent arrears) before he issues a section 21 or it will, again, be invalid.
  • 19lottie82
    19lottie82 Posts: 6,031 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    alterantively, if the above sounds too complex / costly, he can offer the tennant a cash bung to leave.
  • chappers
    chappers Posts: 2,988 Forumite
    Need to know more about the situation do they have a contract , how long for, how long have they been there are they behind with their rent, has he taken a deposit, is it protected. etc etc.
    You say he wants to rent it privately is it currently rent via the council or something.
  • vuvuzela
    vuvuzela Posts: 3,648 Forumite
    19lottie82 wrote: »
    what do you mean he "wants to rent it out privately"? what is the scenario now?

    if you have a tenant in your property and want them out, if they are not behind in rent (2 months in arrears I think) you must wait until they are out of their min term contract and issue a section 21 notice. this tells them that you intend to reclaim the property. if they don't leave on the date you have asked them to vacate (2 months later), your dad can go to court to request that they are evicted. He must then employ bailiffs to remove them (if the eviction is granted).

    the notice and dates must be 100% correct, otherwise it will be invalid.

    has your dad protected the deposit? if not he must return it (regardless of damage / rent arrears) before he issues a section 21 or it will, again, be invalid.

    First question is, does your dad live there with this other person, as if he does then his tenant is a lodger and has far fewer rights.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 3 April 2013 at 7:24PM
    Read:

    Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

    I assume by 'rent privately' you mean without an agent? Whether you use an agent or not, the rules/laws are the same. And the responsibility lies with the landlord. The agent is just... well, ... an err.... agent. Acting on the LL's instructions.

    And why get rid of the tenants (assuming they are good ones) just because you don't like your agent!!! (if that is what you are saying....)

    The thread below may also be relevant (though hard to say as your post is short and unclear):

    How to get rid of a letting agent.

    Also read:

    New Landlords (general information for new or prospective landlords)
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