Tenant being awkward

Tiglet

In October, my tenant gave me notice that she would be leaving when the fixed term of her AST expires later this month. The arrangement was that the LA would market the flat before she moves out but that each month, if she hasn't found another flat, she can ask to stay another month and we move the date it's available back a month.

Immediately after agreeing this, she paid the rent short, paying less than half of the rent due on time. She finally paid almost the whole of the outstanding amount at the end of the month and asked to stay another month. I agreed, on condition that she paid the whole of the rent, including any arrears, in advance. All of this was arranged through the LA.

So far this month, she hasn't paid any rent and I'm beginning to wonder whether she intends to leave at all. I haven't served a s21 notice as I expected her to leave of her own accord. Can I start possession proceedings at the end of the fixed term on the basis of her having given me notice? And does my conditional agreement to her staying on mean that she will be staying without my permission (assuming she doesn't pay the rent in advance)? As I said, I have arranged all this through the LA, so she might argue that she wasn't told.

ihatemyhouse

has she put her notice to leave in writing

Guest101

What's been done in writing? Do u have a physical notice? Not text or email.

If you want them out serve your own notice, cover yourself

theartfullodger

Tenant is merely exercising their absolute legal right to stay without a court possession order being executed by bailiffs.

If you want tenant to go either bribe them or start court action. Should take only a few months.

Cheers!

Tiglet

This is what I thought people might say. I have nothing in writing from the tenant, just emails from the agent.

So long as she pays the rent, I don't mind her staying, but I'm stuck not knowing what's going on at the moment. The LA has told me they've found a new tenant to move in as soon as she leaves in January but they were supposed to be getting references two weeks ago and nothing has happened. So, either the new tenant doesn't exist or they can't get a reference. And now there's another agent wanting to market it but I've no idea when (if) it will be available.

ihatemyhouse

until they know she is leaving, I dotn think they will get refs as they charge for it and will have to pay the money back if the tenant wont leave, I think all you can do is wait till she is behind enough on her rent and start court action

is the bond in a scheme

Tiglet

The deposit was kept by the agent. I've just checked the tenancy agreement and it says they would register it with the Tenancy Deposit Scheme. I don't have the paperwork to confirm that they've done that.

Guest101

Tiglet wrote: »

The deposit was kept by the agent. I've just checked the tenancy agreement and it says they would register it with the Tenancy Deposit Scheme. I don't have the paperwork to confirm that they've done that.

Check, your liable for this and it can be costly.

theartfullodger

Tiglet: you as landlord are responsible for protecting deposit & may be fined up to 3x deposit if it wasn't protected within 30days.

Don't trust the agent to do what you are paying him for

If not protected in time s21 will be invalid & eviction even harder & longer

Cheers!

Tiglet

Thanks for that advice - I just had a minor panic, as the deposit isn't protected with the Tenancy Deposit Scheme, but I found that it has been protected under the Deposit Protection Service instead.

theartfullodger

The issue is,

a) Was it protected within 30 days of being received..
b) Has the PI (Prescribed info) been served??

If no to either S21 will be invalid.

Have you done any training in how to be a landlord?? LL assocs run useful courses.. and also in how to operate with an "agent"

Cheers!