Giving Tenant correct notice. What should it be?

Pixie5740

bikingbarney wrote: »

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?

That's the thing, it's not your house at the moment. You relinquished possession of it in exchange for rent money. You can only get possession back by a court granting an eviction order or the tenant giving possession back under their own steam. If the tenant wants to be re-homed by the council that can take a long time. 6 weeks if you're lucky if you're not and the courts are busy you might not get in before Christmas.

Councils have finite resources and can/will only re-house priority cases so I think your chances of being re-housed by the council are slim to none. You'll need to find somewhere off your own steam. That might be housing supplied by RAF, private rental (usually 6 months minimum AST) or as it will be off season a holiday let.

As for your belongings you'll probably need to put them in storage unless you find an unfurnished property to rent.

Miss_Samantha

Guys, either you have something constructive to say, or you'd better 'help' on another thread.

I wonder why landlords keep posting on this forum sometimes.

ashleypride

Miss_Samantha wrote: »

I wonder why landlords keep posting on this forum sometimes.

Considering this is a consumer based forum, that is a very good question. Landlords could always ask on a landlord based forum, their landlord association, or pay for legal advice.

martindow

I'm sorry if the OP feels attacked, but it does raise people's hackles when people claim to be 'accidental' landlords. When starting any business you need to be aware of the rules involved. In this case those regarding tenancy law, declaring tax, gas certificates, etc. As with any other field of activity, ignorance of laws is no excuse.

I think the local authorities are rather naughty gate-keeping as they do by insisting bailiffs are at the door before they help, but that is how it is.

As your house is rented to a relative, you should be able to come to some sort of amicable arrangement, helping them out with a deposit or removal costs maybe and giving a good reference, so that they can move on to another rental.

They are probably feeling desperate talking about getting the council to rehouse them. Them moving into another rented house before October would be better for both you and them.

I hope that it works out well for everybody.

marksoton

atrixblue.-MFR-. wrote: »

What a bunch of bullies you lot are.

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.


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

Oh do stop with the hysterics.

At the end of the day there is a poor unsuspecting tenant at the other end of this.

The facts remain:

The OP is a LL
The OP is running a business
The OP does have legal obligations

Everything else is superfluous. It's in both the tenant and LL's interests that the LL is well versed in what they are doing.

You only have to see the number of posts on this very board regarding poor LL's to understand why naive/bad/uneducated ones catch the ire of most reasonable posters.

bikingbarney

deannatrois wrote: »

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'.

Deannatrois as Ive said you know nothing about my circumstances or my career but I will fill in a few bits for you so you can stop jumping to conclusions ...

Firstly, we bought our house in 2007 and then moved in on return from a posting abroad in 2008. At this point i was told that i would be in my current posting in the south until the end of my time in the RAF. Then out of the blue in 2011 I got a posting up north, tried living in the block whilst my wife and children lived in the house so I became a weekend dad which I absolutely hated( btw if you have kids you should try it and see how it feels !!) I managed to do this for 8 or 9 months but couldnt do it any longer so decided to move into a married quarter and rather than sell the house at a loss as we bought when house prices were at a high we rented it out through a letting agent who to be honest was frankly rubbish. we had two lots of tenants through them and both sets defaulted on rent payments and parts of the tenancy agreement so had to evict them(all done through the letting agent so they took care of the paperwork.

We then decided to ditch the LA as they were taking 10% for doing not a lot.

At the same time a relative was being evicted from her rental property due to the owner wanting to sell the house so it seemed logical to rent our house to her. a tenancy agreement has been drawn up and gas safety checks etc all in place.

Then in 2014 the housing association moved a troublesome family into the property adjoined to ours and they began abusing my tenant and her children, police were involved etc etc, the only option for us was to move house so we managed to buy a repossession and moved our tenant into it.

This is the property I was asking about bathrooms etc and doing it up as we had planned to eventually(in 2020) to move into it ourselves and THEN do it up.

What we hadn't planned on is to be posted back down to England so soon and now we need to move into our property so I can get my wife and children settled again and into the local schools before my eldest has to choose his subjects for his gcses( he is now in his 4 th school and he is only 11)

Ive never had to issue a s21 or anything before as it was taken care of by the letting agent so I want to make sure its done correctly.

So my humble apologies if you think Im being inconsistent or being selfish wanting to do things properly.

Regards

bikingbarney

but can afford to think about renovations or buying a 'better house'.


And thats all it is...... THINKING !!

vic_sf49

Can you get a quarter at your new place, or is camp too close to your privately owned house (I'm not up on all those rules)?

Can you retain your current quarter for your family to live in, and you move onto camp for the short term? I know people who have done similar, but don't know under what circumstances this is permissable.

Can your tenant not get a private rental at the end of the 6 months, rather than going the council route.

Try and do a deal with your tenant if all of the above is unworkable.

tlc678910

As your tenant is a relative it might help you and them to try to resolve the issue informally sooner rather than later.

Could you let them know (if you haven't) that you need the property back at the end of the term but suggest if they find anywhere to rent before then you will release them from their contract? They might find somewhere straight away of course leaving you without the rental income.

Could you offer your tenant to refund/forfeit a months rent if they need to place a bond on a property (and raising the bond is likely to be a problem).

I know the above isn't conventional landlord behaviour but a relative having to be evicted and made homeless until they are hopefully housed on the eviction day isn't nice for them and you need your house back when the court proceedings would likely still be going on.

Good luck with it.

bikingbarney

vic_sf49 wrote: »

Can you get a quarter at your new place, or is camp too close to your privately owned house (I'm not up on all those rules)?

Can you retain your current quarter for your family to live in, and you move onto camp for the short term? I know people who have done similar, but don't know under what circumstances this is permissable.

Can your tenant not get a private rental at the end of the 6 months, rather than going the council route.

Try and do a deal with your tenant if all of the above is unworkable.

We dont want to get a quarter at the new camp because this is classed as my last tour and move and the last one the RAF will pay for. if we moved into a quarter we will have to pay for removals oursleves when we moved into our house.

Wife could stay at the current quarter for 90 days I think but its not feasible really due to the distance.