Giving Tenant correct notice. What should it be?

Pixie5740

Your definition of "choose" and mine are very different then. You had other options and of all the options available you chose to let the property. That's not a crime but don't kid yourself along with all the other "accidental" landlords that it wasn't a choice. Perhaps it was the best of a bad bunch but a choice none the less.

Anyway, if you've read the information in G_M's links you should be able to serve the tenant a valid Section 21 notice, know the eviction process and have a rough idea of how long that process could take if the tenant hopes to be re-housed by the council.

bikingbarney

Pixie5740 wrote: »

Your definition of "choose" and mine are very different then. You had other options and of all the options available you chose to let the property. That's not a crime but don't kid yourself along with all the other "accidental" landlords that it wasn't a choice. Perhaps it was the best of a bad bunch but a choice none the less.

Anyway, if you've read the information in G_M's links you should be able to serve the tenant a valid Section 21 notice, know the eviction process and have a rough idea of how long that process could take if the tenant hopes to be re-housed by the council.

Please feel free to tell me what these other "options" were then ??

G_M

G_M wrote: »

Read

* 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?

Did you serve a S8 ground 1 notice before the tenancy started? (http://www.legislation.gov.uk/ukpga/1988/50/schedule/2)

If not, S21 Notice with 2 calender months, using the New S21 Notice (Form 6a)

In case it got a bit lost in the debate!

theartfullodger

bikingbarney wrote: »

Please feel free to tell me what these other "options" were then ??

Dunno what the pixie had in mind but other options rather than renting the place out would be....

a) Selling the place.
b) Leaving it empty to accumulate rising value (ah, brexit,,, yes...).
- amongst others...

silvercar

theartfullodger wrote: »

Dunno what the pixie had in mind but other options rather than renting the place out would be....

a) Selling the place.
b) Leaving it empty to accumulate rising value (ah, brexit,,, yes...).
- amongst others...

He already said:

a) he couldn't sell due to negative equity.
b) leaving it empty would mean he couldn't afford the mortgage.

I think the term reluctant landlord may be better than accidental.

bikingbarney

theartfullodger wrote: »

Dunno what the pixie had in mind but other options rather than renting the place out would be....

a) Selling the place.
b) Leaving it empty to accumulate rising value (ah, brexit,,, yes...).
- amongst others...

Please re read my posts....

a) would be selling at a major loss and couldnt afford to make up the extra owed.

b) not an option as I am having to pay rent on another property and could not afford the mortgage on this place as well.

Guest101

bikingbarney wrote: »

Please re read my posts....

a) would be selling at a major loss and couldnt afford to make up the extra owed.

b) not an option as I am having to pay rent on another property and could not afford the mortgage on this place as well.

But you didn't bother to learn the basics, I think that's what upsets people most.

Using 'accidental landlord' to excuse incompetence isn't really on

theartfullodger

bikingbarney wrote: »

Please re read my posts....

a) would be selling at a major loss and couldnt afford to make up the extra owed.

b) not an option as I am having to pay rent on another property and could not afford the mortgage on this place as well.

Thank you so much: I understand you are in negative equity. I understand there would be financial implications. But those other options still exist

And, if there is a Brexit decision and house prices drop even further, selling rather than renting might be seen by you good self as perhaps the right option, but you didn't take it for reasons I and probably many people understand.

We always have options: Going bankrupt is and was one. Unpalatable but an option.

As I noted in my 2nd post in this thread 3 days ago

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

. That wasn't me being critical of you, but me being critical of me! (The mistakes cost me loads in time, money & aggravation... I ended up with no option to use the Scottish equivalent of s21....)

Hope things work out for you & your tenant.

FBaby

. That wasn't me being critical of you, but me being critical of me! (The mistakes cost me loads in time, money & aggravation... I ended up with no option to use the Scottish equivalent of s21....)

But the point is that OP hasn't made any yet and has come here to ensure that he doesn't, and instead of being informed so he wouldn't, he has been criticised for asking from the start.

GM's post was indeed all that was required.

Pixie5740

bikingbarney wrote: »

Please feel free to tell me what these other "options" were then ??

According to your own posts you could have moved to Scotland whilst your family continued living in the house. In fact you did try that option but since you decided that wasn't for you, you CHOSE to move the whole family up to Scotland and let the property out. As I said it might have been the lesser of two evils but it was a choice.

bikingbarney wrote: »

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.

You say that you could't afford to sell because you were in negative equity but you did sell the property and buy another one. Apparently you sold this time because again you had no choice but there's always a choice, not always a brilliant one but still a choice to be made.

bikingbarney wrote: »

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.

So you had choices and out of those choices you chose to become a landlord, which is fine but just accept it was a choice. Acceptance is the final stage If you want to get possession of the property back you'll need to put your landlord head on.