Issue with a periodic tenancy

saajan_12

What could be illegal about it?
* Tenant serving 1 period notice during a periodic tenancy?
* Tenant writing an email to you at all?

Three things could happen:
1) Tenant serves valid written notice
-> (note this may already happened if email is allowed as a form of serving notices in your tenancy agreement.. read it!).
-> Your notice is just that.. notice. Until ATLEAST the expiry of that notice (often until a court order), the tenancy continues so the tenant can serve notice as usual which may expire before yours.
-> Provided the tenant gets the notice right and moves on or before its expiry, the tenancy WILL come to an end and you cannot collect rent beyond this date.

2) No formal notice from tenant, you are stubborn.
-> Tenancy continues until expiry of your S21 and tenant may find an extra month's rent hard with their current plans, making you claim off the deposit / sue. Recovery may depend on whether you really lost much considering you wanted them out anyway.
-> Tenant may decide they can't move given they have to pay rent until Feb, and take longer to look for another home. They (legally) stay beyond the expiry of your S21 and it takes a further 3-4 months to evict, with court & bailiff costs. This may make your sale suffer and you may have a longer void if you have to find a new buyer once you actually know the tenant's move out date.

3) No formal notice from tenant, mutual agreement
-> You could agree a mutually convenient move out date, that doesn't scupper your sale, all parties can attend check outs as they please, tenants can seamlessly move belongings without too much overlap in rent.
-> This is PERFECTLY LEGAL and noone needs to serve notice! I would get the date and plans for deposit / rent for the final period in writing though.

Pixie5740

Just to add what the others have said, your (the landlord) notice does not end the tenancy it's just notice that you might go to court to get an eviction order. The tenant's notice on the other hand does end the tenancy.

Of course tenants can serve notice or do you think they should be stuck with the property, paying rent, until it's convenient for the landlord to let the tenant go?

fairy_lights

Somehow I don't think these were the answers the OP was hoping for...

ST1991

fairy_lights wrote: »

Somehow I don't think these were the answers the OP was hoping for...

I wonder if the OP really wanted to go to court to evict a tenant who is happy to leave?

My Landlord arranged a time to come to my flat and talk about his wishes to sell the flat. He then gave me notice in writing to confirm what we had talked about and agreed... i thought that was the normal procedure when you have a good relationship? Or does everyone jump to a section 21?

always_sunny

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.

What's the question? He gave you 1 month notice as per contract.

ancientofdays

If your tenant has found a new home, he may lose the new tenancy if he isn't able to take it up on an agreed date.

KRB2725

I think you have been very lucky to have such a reasonable tenant. I think you may be naive as to the issues that there can be trying to sell a property whilst it is still tenanted.

I have no idea what you perceive the problem to be?

AylesburyDuck

G_M wrote: »

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

Oh i knew the answer, i mistakenly put a ? instead of a ! .:p
My sad attempt at sarcasim today, im loosing my touch.

marliepanda

https://forums.moneysavingexpert.com/discussion/5350513

Previous thread with a similar lack of interest in her 'very good' tenant, worrying about how easy it will be to 'get him out' if he is awkward and trying to squeeze those last rent payments after exchange from him

The sooner greedy amateur landlords like this are priced out of the market the better. Disgusting attitude towards people.