Issue with a periodic tenancy

Jasmine_10

We have a (very good) tenant who has been renting our flat since March 2015, initially for the first year with an AST.

After that point, we switched to a periodic tenancy as we had put our property on the market. We kept our tenant well informed at all times. We realised there was a risk in switching to a periodic tenancy, but we had no idea how long it would take to find a buyer.

We went under offer in September and told him about this. We've been under offer before and the sale has fallen through. On this occasion, the sale has progressed well and we are ready to exchange. I emailed him a few weeks ago to say it was likely we would need to serve notice on him soon so that it didn't take him by surprise. The estate served the tenant a Section 21 notice last week. As he pays rent on the 21st of the month, we are asking him to vacate on 20 February 2017.

Our tenant has emailed me today to say he has found a new place with the same estate agent and is counter-serving us 1 months' notice. He has not put this formally in writing with any dates etc, just a casual email. He thought the agent would have been in contact already but they have not.

Is this legal? I called the agents and they said it was but I wanted to double-check here as it seems odd. The agent said he would get someone to call us back.

jimmy_cricket

I'm not sure what your problem is. Your tenant as you say has been a good tenant. They have obviously allowed viewings for the property to be sold. They have agreed to vacate the property so that the sale can progress. And, you have been paid rent right up to when it is sold.

theartfullodger

Yeah, dig your heels in, demand tenant does things your way & wait whilst he declines to go when asked, waits for court order then bailiffs,months further on.

Cake, Eat it?

Bluebirdman_of_Alcathays

What on earth would be the point in fighting this battle?

fairy_lights

I'm not quite sure what the issue is here?
Are you concerned that the tenants notice might be invalid, or is it that you don't want them to leave earlier than you have planned?

PasturesNew

Yes it's legal. He can issue you with one month's notice.

You want to have your cake and eat it - and so far you've been burying your snout in the frosted icing....

You'd do the same in his position - minding his own business, he's now got to fork out hundreds of pounds in new fees, credit checks and removal expenses just because you chose to sell his home from under him.

He kindly lived with the knowledge you'd be selling ... he's already been messed about once with a sale that didn't go through. You've told him you've sold and given him 2 months' notice; he's give you one month's notice.

Perfectly legal.

G_M

Perfectly legal and perfectly reasonable.

And if he has not formally served this notice on you with proper dates, I would not worry about that.

Have a friendly chat and ask what date is most convenient for him to leave. He will probobly want to align his end date with the start of his new tenancy. Agree to this.

There's no reason for this to become antagonistic. You both want the same thing - for the tenancy to end, so a bit of flexibilty/give and take ensures everyone is happy.

ST1991

If the tenant has to find somewhere else to move anyway, perhaps they have already found somewhere else to live. If they have been a good tenant i would just be pleased that you didn't have a situation at the other end of the scale (where you have to go through courts and delay the sale, buyers could pull out, etc)

Could the tenant have given you one-month notice at any other point,m regardless on the sale of the house?
I think it's fair. And yeah you may have the house empty for a while, but this could happen in-between tenants anyway.

AylesburyDuck

So your tenant will be leaving 4 weeks earlier than you thought (but quite legally entitled to do so) thus helping you to be more fluid in your completion date and you find this odd or causes you a problem how?
Genuinely at a loss as to what could be your grumble?

G_M

AylesburyDuck wrote: »

Genuinely at a loss as to what could be your grumble?

Stupid tenant sems to be refusing to pay rent up to date of Completion........

Guest101

Jasmine_10 wrote: »

We have a (very good) tenant who has been renting our flat since March 2015, initially for the first year with an AST.

After that point, we switched to a periodic tenancy as we had put our property on the market. We kept our tenant well informed at all times. We realised there was a risk in switching to a periodic tenancy, but we had no idea how long it would take to find a buyer.

We went under offer in September and told him about this. We've been under offer before and the sale has fallen through. On this occasion, the sale has progressed well and we are ready to exchange. I emailed him a few weeks ago to say it was likely we would need to serve notice on him soon so that it didn't take him by surprise. The estate served the tenant a Section 21 notice last week. As he pays rent on the 21st of the month, we are asking him to vacate on 20 February 2017.

Our tenant has emailed me today to say he has found a new place with the same estate agent and is counter-serving us 1 months' notice. He has not put this formally in writing with any dates etc, just a casual email. He thought the agent would have been in contact already but they have not.

Is this legal? I called the agents and they said it was but I wanted to double-check here as it seems odd. The agent said he would get someone to call us back.

do you think because you served notice that they cant? That's madness..


But the alternative is you exchange contracts for completion and tenant than doesn't move out.


You now owe your buyer considerable costs....