Advice needed re problem tenant

wastedtalent

If as it sound he's willing to leave/sort amicably then seems like just sort out early surrender.

Lilhobo

I really hope he does just leave but I think he's very much saying one thing to us and the information we're getting from other sources is leading us to believe something very different. I hope I'm proved wrong and believe me I've learnt some very important and likely to be costly lessons through this.

Pixie5740

Rather than listening to rumour & gossip, and crossing your fingers just talk to the tenant and if he also wants to end the tenancy then draft a document to surrender it. Whatever you agree to just make sure you get it in writing.

Returning the deposit doesn't get rid of the protection issue. Yes it will allow you to issue a valid section 21 but he could still sue you.

Pixie5740

You might find this guide G_M put together useful.

Tenancies in Eng/Wales: Guides for landlords and tenants

It covers deposits and how to end tenancies.

Guest101

OP do the early surrender, signed - with the £180 sweetener.


You could have your house back in a week if you do that.


Better than paying £200+ to go to court with little chance of actually getting costs back

G_M

In most cases a simple document agreeing the terms/date for an Early Surrender is suficient.

Strictly speaking it should be Executed as a Deed.

in this scenario I'd recommend crossing your 'i's and dotting your 't's - so use the header "Deed of Surrender", then the date/temrs (eg in this case if you need to pay him to encourage him to agree!) and then "Executed as a Deed", with date of Execution, signature of LL and all joint tenants AND signature of a witness.

He can still sue you for not protecting the deposit. Any time in the next 7 years.

The early surrender route will be the quickest, cheapest, simplest assuming he plays ball.

But S21 is the belt and braces.

the tenant has been arrested for breaking and entering a property on the same street.

Has he been convicted? If not, do you know the court date?

an alternative route is S8 grounds 12, or 13, 14 or 15 (as appropriate). But these are at the discretion of the court.

If rent arrears, then gounds 8 (mandatory - court must grant possession) or 10 or 11 (discretionary).

Lilhobo

I don't know when his court date is, would the police give me that info do you think?

Lilhobo

I think I will serve the s21 today, and verbally tell him I will give him the £180 if he moves out prior to the 2 months notice we have given and signs to say he is voluntarily surrendering his tenancy to move elsewhere. Is that legal?

G_M

Lilhobo wrote: »

I don't know when his court date is, would the police give me that info do you think?

Not my field of expertise, but I'd have thought that scheduled court hearings are a matter of public information. The local magistrate's court might tell you if the police won't??

Guest101

G_M wrote: »

Not my field of expertise, but I'd have thought that scheduled court hearings are a matter of public information. The local magistrate's court might tell you if the police won't??

Exactly this.


However just because he's on bail doesn't mean he'll be charged.


So the court might not even have a date, or even know anything about this