Giving Tenant correct notice. What should it be?

theartfullodger

So we take it you've done no training in how to be a landlord nor in landlord/tenant law? I sincerely hope our armed forces train you before pointing you towards incoming...

G1 allows you to repossess your previous home (simplification) during the initial fixed term. See
http://www.landlordzone.co.uk/content/grounds-for-possession
- go read the tenancy agreement/other paperwork & see if it is there or not...

In the absence of that you are dependent on negotiating an early surrender: (aka "begging"). Were I a tenant I would be asking 10's of £k for that.

Failing that you issue s21 (having ensured all requirements {**} are met prior..) and evict: expect that to take some 2-4 months beyond end of initial fixed term.

Cheers!

** from April eh?? So did you copy documents for "Right to rent" (regardless of colour of skin or approval from Daily Wail that tenant woz "british innit"...) for all occupants (not just tenants) over 18.?? Fine for non-compliance up to £3k. As post 01/10/2015 have you served on tenant (as opposed to just happen to have) EPC, GSC, "How to rent" booklet? If not any s21 will be invalid.

S21 not servable validly before August 2016.

Was any deposit protected & PI served within 30 days of being paid?

When I started as a landlord I made mistakes: Probably a lot worse than you seem to have...

Miss_Samantha

Ignore ground 1.

For an AST section 21 is simpler and faster in all cases.

[Deleted User]

I know you are probably feeling a bit attacked, the problem is you DID decide to rent the house out rather than leave it empty so it could have an income rather than be empty. You did decide to be a LL. When you purchased the property, you must have known that you could be posted the other side of the country and decided it was worth it even so.

I'm afraid being a LL carries responsibilities and not having the knowledge you should have doesn't protect you from falling foul of not meeting them.

If you are prepared to pay for it, you could ask for help from agencies that deal with ending tenancies like Landlord Action etc. But if you haven't provided the EPC paperwork needed, protected the deposit etc you will still have problems. And as already stated, there's no guarantee the tenant will/will be able to move out at the end of the S21.

theartfullodger

Miss_Samantha wrote: »

Ignore ground 1.

For an AST section 21 is simpler and faster in all cases.

Ah, thank you for that insight Samantha:

Fixed term ends October, so s21 can't be effective before then.

IF G1 was usable (suspect it isn;t by the sound of it) if issued today could be acted on July 22nd, PO issued to expire well in advance of 1st Oct... No chance of s21 getting you a PO expiring by 2nd October...

So s21 is faster eh?? Can you explain that to me please Samantha?? Sorry but i'm old, an OAP, brain a bit slow, please help..... zzzzzzzzzzzzzzzzzzzzzzzz

Incidentally barney 1st April to 1st October is 6 months 1 day.. Who drafted the tenancy agreement?

Miss_Samantha

Ground 1 does not allow possession during a fixed term tenancy either...

Come back when you can show an example of a court that did what you suggest.

atrixblue.-MFR-.

What a bunch of bullies you lot are.


Someone has come here to gain advice NOT TO BE JUDGED and be the target of sarcastic remarks.


Sick of reading threads where seasoned members continue to judge and stand on high horses looking down upon those seeking advice.


Is this what MSE really become?


Because it really is sickening.


I now know where NOT TO COME to gain advice about a renting/LL issue, because quite honestly I wouldn't fancy being persecuted for asking for what I was doing where I work and what I am seeking to do.


hang your heads in shame you lot, nothing but bullies.


those who offer advice without judgement good on ya, but the others......

bikingbarney

theartfullodger wrote: »

So we take it you've done no training in how to be a landlord nor in landlord/tenant law? I sincerely hope our armed forces train you before pointing you towards incoming...

G1 allows you to repossess your previous home (simplification) during the initial fixed term. See
http://www.landlordzone.co.uk/content/grounds-for-possession
- go read the tenancy agreement/other paperwork & see if it is there or not...

In the absence of that you are dependent on negotiating an early surrender: (aka "begging"). Were I a tenant I would be asking 10's of £k for that.

Failing that you issue s21 (having ensured all requirements {**} are met prior..) and evict: expect that to take some 2-4 months beyond end of initial fixed term.

Cheers!

** from April eh?? So did you copy documents for "Right to rent" (regardless of colour of skin or approval from Daily Wail that tenant woz "british innit"...) for all occupants (not just tenants) over 18.?? Fine for non-compliance up to £3k. As post 01/10/2015 have you served on tenant (as opposed to just happen to have) EPC, GSC, "How to rent" booklet? If not any s21 will be invalid.

S21 not servable validly before August 2016.

Was any deposit protected & PI served within 30 days of being paid?

When I started as a landlord I made mistakes: Probably a lot worse than you seem to have...

Ok thanks for that.

Im not looking at ending the tenancy early I just want to make sure I give the correct notice for it to end correctly when it expires at the 6 month point(you are correct it is the day before the 1st Oct so 30th sept, I was just trying to remember the dates whilst Im sat down the Falklands with no paperwork to hand)

No deposit was taken an as such not protected.

Basically this is the story.... Ive just arrived in the Falklands on Monday just gone and then yesterday I have found out that I am posted down south again when I return from here in around 4 months time. No firm date given yet but we are hoping for the start of October.

Our tenant, who is a relative will need the correct notice so she can approach the local housing auth so she can get rehoused.

bikingbarney

deannatrois wrote: »

I know you are probably feeling a bit attacked, the problem is you DID decide to rent the house out rather than leave it empty so it could have an income rather than be empty. You did decide to be a LL. When you purchased the property, you must have known that you could be posted the other side of the country and decided it was worth it even so.

I'm afraid being a LL carries responsibilities and not having the knowledge you should have doesn't protect you from falling foul of not meeting them.

If you are prepared to pay for it, you could ask for help from agencies that deal with ending tenancies like Landlord Action etc. But if you haven't provided the EPC paperwork needed, protected the deposit etc you will still have problems. And as already stated, there's no guarantee the tenant will/will be able to move out at the end of the S21.

We couldnt afford to leave it empty as we still have to pay rent on our military married quarter and cant afford both.

When we bought the house I was told that i would be in the then current posting until i leave the RAF.

[Deleted User]

I am afraid if your relative has to go to the council for social housing, there is no way you will have access to the house on 1st October. The council will insist that you go through the eviction process and get a bailiffs warrant. When I was being evicted, it took 3 half months from issuing of the S21. A possession claim was made, with two weeks for me to reply. Then the order was granted with a date two weeks later than the court date (a tenant can ask for an extension up to 42 days). Then a LL has to go back to get a Bailiffs warrant, once granted this will give another two weeks notice. The council would not open a homeless case until 28 days before the date the bailiffs were due to come round. I was not given emergency accommodation until several hours after evicted. Until that point I had no certainty I would be given somewhere to live.

So I am afraid you need to add at least another six weeks to the time when you will be able to access the house. It could be longer, depending on whether you have waiting times for court dates or if the S21 isn't valid (which would mean it would have to be reissued with you waiting another 2 months etc).

You, as the LL will have to pay the court fees which the court will direct the tenant to repay (in my case, within 28 days, this money was taken out of my deposit with my agreement). A possession order costs £280, bailiffs cost £110.

If your tenant has not had a connection (lived in, worked in, close relatives living in) with the borough for at least two years (check your LA's housing policy to confirm), council could send him/her back to another area they've lived in. With social housing being so short, an LA will jump on any reason to refuse to take on housing responsibilities for a claimant.

If your tenant gave a deposit, maybe you could consider letting them have the deposit early so they can go elsewhere. Otherwise they have a few months to save up another deposit as going to private rental might save a whole host of problems. The council will often loan first months rent/deposit, your tenant should ask about this.

ViolaLass

atrixblue.-MFR-. wrote: »

I now know where NOT TO COME to gain advice about a renting/LL issue, because quite honestly I wouldn't fancy being persecuted for asking for what I was doing where I work and what I am seeking to do.

I think the only sentence people objected to was "I am not a landlord".

And this is still a great place to come to for good advice. You just need to be honest and accept the truth.