Quick advice please re tenant notice period

mickeyfinn1

Hi
I am an accidental landlord. The tenant is on a periodic tenancy, rent paid on 25th of the month. The tenant has left a verbal message to say they are leaving on the 28th of March. Nothing has been put in writing. It is my understanding from the agreement that they need to give 28 days notice in writing.

When can they legitimately leave assuming they put something in writing today?

Thanks

Pixie5740

An accidental landlord? Did you accidentally end up with a tenant and accidentally took money from the tenant each month?

We need more information.

Where is the property? Scotland, Northern Ireland, England & Wales?

What date did the tenancy start?

How long was the tenancy for?

What does the tenancy agreement say about the serving of notices?

Did you take a deposit? If so was it protected correctly?

Guest101

mickeyfinn1 wrote: »

Hi
I am an accidental landlord. The tenant is on a periodic tenancy, rent paid on 25th of the month. The tenant has left a verbal message to say they are leaving on the 28th of March. Nothing has been put in writing. It is my understanding from the agreement that they need to give 28 days notice in writing.

When can they legitimately leave assuming they put something in writing today?

Thanks

Well if your contract states the the tenancy becomes a contractual periodic tenancy with 28 days notice, then the tenancy ends in 28 days, so first of April. The tenant can leave whenever they want.

When did they call and leave voicemail?

Notice doesn't have to be ( though it's sensible to be ) in writing.

mickeyfinn1

Thanks Guest101
Pixie, be nice please. FYI we are happy to have had a long term person in the place,we have reduced their rent not increased it in order to help them out through job loss, there is a huge shortfall between rent and mortgage each month so it is not a business to us,. It is just something we have had to do and although originally with a fully managed agent, they went under overnight taking thousands we are left in this situation.

The property is in Scotland. Tenant has been there 3 years, deposit in the correct scheme, all certificates up to date etc.

It was a fixed term contract for the last 3 years but moved to a periodic one a few months ago.

I am working away for a few days and so have not got the agreement to hand.

The tenant left a voicemail on18th Feb to say they were leaving on the 25th March. They then sent a text to say the place had fallen through and so they wanted to stay on. I spoke with them and asked for them to keep me informed in writing , they said they would. I had a text today to say they have found another house and so will "fingers crossed" be moving out on the 28th March.

Due to a long distance between us and the property I need to book flights to do the inventory and check out and so that is why I need to be clear on when they are contracted to pay until.

Thanks

Pixie5740

I was being nice. I am genuinely curious as to how you accidentally became a LL but it seems it wasn't an accident after all.

What kind of tenancy is in place? Is it an Assured Tenancy or a Short Assured Tenancy (i.e. is there an AT5 form)? Did the TA specifically say the tenancy would become Perioidic after the fixed term?

mickeyfinn1

I can't remember the title, I will check when I get back. I do know there is an AT5. There have been 6 fixed term contracts over the course and it says something like "at the end of the fixed term the agreement becomes a rolling monthly". The tenant wanted security of fixed terms but then said they wanted to go to monthly which has been the case for approx 4 months now.

Guest101

mickeyfinn1 wrote: »

Thanks Guest101
Pixie, be nice please. FYI we are happy to have had a long term person in the place,we have reduced their rent not increased it in order to help them out through job loss, there is a huge shortfall between rent and mortgage each month so it is not a business to us,. It is just something we have had to do and although originally with a fully managed agent, they went under overnight taking thousands we are left in this situation.

The property is in Scotland. Tenant has been there 3 years, deposit in the correct scheme, all certificates up to date etc.

It was a fixed term contract for the last 3 years but moved to a periodic one a few months ago.

I am working away for a few days and so have not got the agreement to hand.

The tenant left a voicemail on18th Feb to say they were leaving on the 25th March. They then sent a text to say the place had fallen through and so they wanted to stay on. I spoke with them and asked for them to keep me informed in writing , they said they would. I had a text today to say they have found another house and so will "fingers crossed" be moving out on the 28th March.

Due to a long distance between us and the property I need to book flights to do the inventory and check out and so that is why I need to be clear on when they are contracted to pay until.

Thanks

It sounds like by contract they just give 28 days notice, as opposed to a rental period. In reality if this isn't correct, and notice must fall on a rental period, do you really want to charge them extra rent, they refuse viewings and you have a void regardless?

That said pixie knows more about Scottish laws than me

Pixie5740

If it's a Short Assured Tenanacy which is now periodic, your tensnt must give you at least 40 days (as the tenancy is 6 month or longer) written notice to end the tenancy.

You could agree a mutual surrender earlier than this but get it in writing especially as the tenant has already changed his mind once.

You could also serve notice to quit and a Section 33.

mickeyfinn1

Thank you. Looks like I need to get back and see the document before I have a discussion with them. Thank you for your help