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Giving a notice to tenants

brzone
brzone Posts: 24 Forumite
edited 14 April 2016 at 10:26PM in House buying, renting & selling
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Comments

  • Marvel1
    Marvel1 Posts: 7,447 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Is the deposit protected?
    When does the 1 year fixed term end?
  • brzone
    brzone Posts: 24 Forumite
    Hi, its 1year fixed starting from 29 June 2015 ending in Jun 2016.
    The deposit is held by agency.
  • theartfullodger
    theartfullodger Posts: 15,718 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 1 April 2016 at 1:42PM
    When did the tenants 1st move in??

    Did you buy it with tenants already there??

    Please quote EXACT wording of break clauses.

    If issuing a s21 would be OK (we don't know yet..) then usually the earlier served the better:

    Re
    brzone wrote: »
    Hi, its 1year fixed starting from 29 June 2015 ending in Jun 2016.
    The deposit is held by agency.
    So you don;t know if deposit was protected & PI served within 30 days of payment: Unless agency can PROVE they did (just saying "yeah, we did it" is too risky..) suggest you return deposit & then serve s21 (if s21 can be relevant - you need to answer my questions to work that out, please!)
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Assuming this is England

    * you must check the deposit
    a) was properly registered in a scheme within 30 days and
    b) the PI was given to the tenants within 30 days
    CHECK!
    If not, you cannot evict.

    * If you missed the Break Clause date, then the earliest you can go for possession is June X?? 2016 (exact date please!)

    * you must serve a S21 Notice giving 2 months, so if you served it today (1/4/16) it could expire 1/6/16 if that the end date of the fixed term, or later if the fixed term ends later (hence exact date needed)

    * what is the exact wording of the Break Clause?

    See also

    * Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?


    * Deposits:
    payment, protection and return
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