Giving Tenant correct notice. What should it be?

bikingbarney

deannatrois wrote: »

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.

Ok thanks for the info.

Just out of interest if it can take up to 6 weeks after the end of the tenancy where do I live in the mean time and put all my belongings?

Marvel1

bikingbarney wrote: »

Ok thanks for the info.

Just out of interest if it can take up to 6 weeks after the end of the tenancy where do I live in the mean time and put all my belongings?

I know for certain you can't live in your house, and belongings you may have to pay for storage.

paddedjohn

A lot of condescending clowns on here at the mo, the op comes on here for advice on how to do something by the book and gets told they should know all ready. If the op knew then they wouldn't be asking for advise of forum members who are here to 'help' supposedly. I'm more than sure that not every landlord known every answer to every question so please stop slagging folk off.

[Deleted User]

bikingbarney wrote: »

Ok thanks for the info.

Just out of interest if it can take up to 6 weeks after the end of the tenancy where do I live in the mean time and put all my belongings?

Hmm, you sound as if you are a little annoyed with me. I'm afraid that is for you to sort out. It could actually take longer. I'm just warning you its not going to be easy. Giving notice/supplying a S21 is not the end of it if your tenant can't find a place to go on to.

All I can suggest is, as I said, try to make it easier for your tenant to find private rental. Neither of you are in a good position here.

BUT you have rented your house out, it has resulted in some additional income for you that you wouldn't have had if you hadn't rented it out. This may mean that now you have to pay the mortgage and rent somewhere, short term. At least you are able to access some living quarters? So hopefully its not going to be as bad as it would be for some? I hope you are all able to sort the situation out.

I know the advice on here probably feels negative, but you are forewarned now and if forewarned as to what you need to do and consider, you can start working your way out of the situation. Better that than have all this land on you on 1st April. That would definitely be the worst situation in my opinion.

Later: Looking at your previous posts, you've been renting out for quite a while as you were talking about LL's insurance (02/11/14). You've also been talking about renovations

https://forums.moneysavingexpert.com/discussion/5332615
https://forums.moneysavingexpert.com/discussion/5176182

I'm just a bit surprised as these aren't things a person normally considers if they are too broke to rent a house out, pay a mortgage on a repossession and pay for married quarters and storage as stated in this thread? You made this post on 15/02/15 - not really the post of someone who was broke because of circumstances beyond their control?????

bikingbarney wrote: »

Thanks for all the helpful suggestions.

We aren't actually living in it at the moment as we currently rent it out until we move back down south from Scotland.

We haven't actually spent any time in the house ourselves having completed on it late on the Friday and then our tenant moved in on the Tuesday after a hectic long weekend getting it up to scratch.

It was planned to be our forever home and quite possibly will be as its a very nice house in a nice part of town.

It's just that we aren't that sure what to do on the layout and cost wise if it worth doing or maybe put that money towards and even nicer house.

atrixblue.-MFR-.

ViolaLass wrote: »

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.

people were stabbing at the OP from post 2 then because one did it the rest followed because they thought they would get their pennies worth in too and be bullies about his occupation and what he should have done and should know.


Not everyone are "pro" at being a landlord, some wouldn't class themselves as one if their renting to their family whilst their job is in other places in the country.


Swap Job roles with the guy and walk a mile in his shoes then come back and take the P out of him.


I'm surprised he came back at all after some of the posts here.


This is not a great place for advice no more, its great place to say things to others we wouldn't normally say to other peoples faces because they can hid behind a keyboard and not face the consequences. He was being honest, perhaps people were asking the wrong questions!


Theres a fine line between accepting "the truth" and having to accept other peoples wrong judgments of you as "the truth", people are entitled to an opinion, but not entitled to inflict their judgment on others and bully them to accept it.

bikingbarney

deannatrois wrote: »

Hmm, you sound as if you are a little annoyed with me. I'm afraid that is for you to sort out. It could actually take longer. I'm just warning you its not going to be easy. Giving notice/supplying a S21 is not the end of it if your tenant can't find a place to go on to.

All I can suggest is, as I said, try to make it easier for your tenant to find private rental. Neither of you are in a good position here.

BUT you have rented your house out, it has resulted in some additional income for you that you wouldn't have had if you hadn't rented it out. This may mean that now you have to pay the mortgage and rent somewhere, short term. At least you are able to access some living quarters? So hopefully its not going to be as bad as it would be for some? I hope you are all able to sort the situation out.

I know the advice on here probably feels negative, but you are forewarned now and if forewarned as to what you need to do and consider, you can start working your way out of the situation. Better that than have all this land on you on 1st April. That would definitely be the worst situation in my opinion.

Later: Looking at your previous posts, you've been renting out for quite a while as you were talking about LL's insurance (02/11/14). You've also been talking about renovations

https://forums.moneysavingexpert.com/discussion/5332615
https://forums.moneysavingexpert.com/discussion/5176182

I'm just a bit surprised as these aren't things a person normally considers if they are too broke to rent a house out and pay for married quarters and storage as stated in this thread? You made this post on 15/02/15 - not really the post of someone who was broke because of circumstances beyond their control?????

Not that I should have to explain as it going off topic but the posts you refer to are about the same house we rent out, we are planning to do the renovations when I retire from the RAF and receive my lump sum in 4 years time and was really just after peoples opinions.

Im not annoyed at all to be honest I genuinely am wondering what I do with all my kit and my family??? do I approach the housing authority to house me whilst they tell my tenant to sit in my house?

[Deleted User]

I do agree that posts on here can be too sceptical and critical at times.., but I have to say that on this occasion the OP isn't being overly consistent.

In the armed forces, expected to be in the South til the end of his service, then sent to Scotland suddenly but managed to get a relative as a tenant in a house purchased in the South, somehow, before being redeployed. Knows about LL insurance but not about the eviction process, concerned about paying to rent married quarters while renting out his mortgaged property, but can afford to think about renovations or buying a 'better house'.

Miss_Astra_Convertable

You are meant to give the tenant 2 months written notice but if the tenant won't move out you then have to go to court to get a possession order & if they don't move out then you have to pay baliffs to get the person out & can be quite costly so hopefully the person renting your house won't do this?. Depending on how well you know the person you could give them the heads up do they have plenty of time to look for somewhere else to live but then you run the risk of them not paying anymore rent!!? Unless your tenant breaches the tenancy like having a pet when not allowed, unreasonable behaviour disturbing the neighbours having party's late, illegal behaviour or destroying the house then you have to wait 2 months before the tenancy ends so 1st August deliver letter yourself or a friend as you are miles away as you could post it but then they can say they never got it ? Also tell them you will write a good reference.

franklee

atrixblue.-MFR-. wrote: »

Not everyone are "pro" at being a landlord, some wouldn't class themselves as one if their renting to their family whilst their job is in other places in the country.

True. However somehow this not classing themselves as a landlord doesn't stop them classing their tenants as real tenants thus expecting rent paid in real money.

bikingbarney wrote: »

Just out of interest if it can take up to 6 weeks after the end of the tenancy where do I live in the mean time and put all my belongings?

Clearly you need to chat to your tenants see what they say about moving. However regardless I'd back it up with official notice. You also need a plan B if they are delayed moving out so suss out some self storage places for your stuff. As it will off season see if there are any holiday lets going cheap. Worst case you may have to take a 6 month AST near your work (unless there's any married quarters available but you know how they work in any case).

Things you can do to help your tenant's move: Be flexible on leaving date if for example they find somewhere and wish to go a little early. If they've kept the property in good order say you will be prompt with deposit return to help their cash low as moving is expensive. Be helpful providing references.

Pixie5740

atrixblue.-MFR-. wrote: »

people were stabbing at the OP from post 2 then because one did it the rest followed because they thought they would get their pennies worth in too and be bullies about his occupation and what he should have done and should know.


Not everyone are "pro" at being a landlord, some wouldn't class themselves as one if their renting to their family whilst their job is in other places in the country.


Swap Job roles with the guy and walk a mile in his shoes then come back and take the P out of him.


I'm surprised he came back at all after some of the posts here.


This is not a great place for advice no more, its great place to say things to others we wouldn't normally say to other peoples faces because they can hid behind a keyboard and not face the consequences. He was being honest, perhaps people were asking the wrong questions!


Theres a fine line between accepting "the truth" and having to accept other peoples wrong judgments of you as "the truth", people are entitled to an opinion, but not entitled to inflict their judgment on others and bully them to accept it.

Actually I would and have said what I said to someone's face before. I dislike the term "accidental landlord" it wasn't an accident it was a conscious choice. It's not as though they slipped, banged their head and woke up with a tenant. To claim you're not a landlord when you quite clearly are a landlord and have been happy receiving the rent money is even dafter than saying you became a landlord by accident. These are people's homes these amateurs are !!!!ing with.