Procedure and paperwork for asking tenants to leave?

waitingformagic

Hi guys, I've got a question on behalf of friend (really is for a friend - I just moved house!)

The background: She's been living in her flat for about 12 years, it is privately rented and no agencies involved. She is a good tenant and has a good relationship with her landlord - 12 years says a lot!!! Unfortunately!late last!year she had some financial difficulty and fell behind on rent - however her landlord was very gracious and they worked out a "pay me when you get paid" setup. She paid in dribs and drabs whenever she had money come in and eventually caught up on a lot after pulling 20 hour days 6 days a!week!and is only about £200 behind now and will be up to date by next week.

Now: Then out of the blue 2 weeks ago, her landlord sent her a text message (!!!)!basically saying "unfortunately I am having to ask you to move"!and gave her 2 months. There was no warning of this and no reason was given or anything. My friend has!tried and tried to talk to the landlord but they are always "too busy".!Understandably, she is upset and is confused if it was the money as they had an agreement about it and is still praying they can work it out as after so long it really is "home" to her.

The question: Is a text message enough to get her to move out of the house? No formal!paper notice was given!or any section papers have been served. I have told her to try talking to the landlord (this has failed) in order to get official written!notice because as far as I am aware even a private landlord would need to go through the rigmarole of paperwork? She never paid a deposit and is unclear if there was a tenancy agreement (she moved in a long time ago and her ex-partner did the paperwork but she is looking into it).

She's!NOT trying to find loopholes and she does appreciate that the rent may well be the issue (but they did come to an agreement, remember!) but obviously she wants to make sure it's all done correctly but naturally would rather work it out rather than move. For reference, it's not in a great area so it's not like the landlord is going to gain financially as they won't get higher rent from someone else (personally I think she's paying too much anyway as she could pay the same in a nicer area.)

If anyone can help in any way, it would be appreciated. "Suck it up and move on" is an absolute last resort before anyone goes there!

Thanks!

Pixie5740

No a text message isn't sufficient.

Even if the landlord served notice correctly (either section 21 or Section 8 or both) then your friend still wouldn't have to move out as the tenancy can only be ended by the tenant or a court. Once valid (i.e. not a text message) notice has been served the landlord would have to apply to court for an eviction order.

Keep in mind that a landlord does not need any grounds (reason) to serve a Section 21 notice. Tenants cannot defend against a correctly issued Section 21. Whilst the text message isn't enough if the landlord is determined to get her out then all he has to do is follow the due process and he will eventually get the eviction order.

(This advice assumes you're in England or Wales.)

waitingformagic

Thanks Pixie! Yep she is in England.

Nice to know I was right she needs a section notice! I have been telling her that her notice won't come into effect until this is issued- this is also correct, right? It can't be backdated using the text message as proof can it?

She won't go as far as court, it's just about getting the right notice provided. (And frankly I think she will need that extra time as she has accumulated too much crap!)

I know no reasons need to be given but it's nice to know and usually they will just tell you

Pixie5740

No the notice can't be backdated to the date the text message was sent.

If your friend won't go as far as court then it sounds as though she accepts that she will be moving sooner or later. If that's the case why be concerned about the landlord issuing any kind of notice at all? Your friend could just find somewhere else to live and issue her own notice. Alternatively she could just contact the landlord to him him know she is looking for somewhere else to live. That might open up dialogue with the landlord again.

Mossfarr

The reason may not be anything to do with your friend or her situation - it could just be that the landlord wants to retire. The recent tax changes have affected a lot of landlords so they may feel the time is right to sell up. The arrears situation has probably just forced the decision.
I am in a similar situation with my tenants, occasionally they hit a rough patch and fall into arrears. They always pay it off but to be honest I just can't be bothered with the hassle any more. Next time it happens I will be selling up too.

waitingformagic

Thank you for clarifying! This is great news. Sounds obvious that text wasn't right but you never know.

I didn't word my last post correctly at all as I was writing without telling people exactly what I was thinking - basically I'm glad she gets more time by now having to wait a bit longer for the documents. As I mentioned, she never paid a deposit and is slightly off on her rent - this doesn't leave her in a great situation to find a new place as she hasn't got the funds for a deposit on a new place which I am sure she will need. She can't get council help or any benefits. As she has so much junk, I am hoping to help her flog a lot of it to help her funds (and have less stuff to move with her). Hope that makes a bit more sense! It's not about taking it to court, it's just getting the right documents in place to give her a little bit of breathing room really. It's a bit cheeky but at the same time, the landlord hasn't obviously done things correctly so I don't think she should feel too bad wanting it to drag out purely because the landlord is being a bit lazy.

waitingformagic

I didn't know about the changes to be honest, I've never made it onto the property ladder and won't any time soon.

As for you being a landlord - I don't blame you to be honest, I could never be a landlord!!! I've been in a financial dilemma myself in the past and was with an agency so I got no leniency - I was booted straight out. Thankfully I saw it coming! My actual landlord had absolutely no idea of the rent issues or what the agency did to resolve it (kick me out), he thought I just chose to leave! If you rent your places without them to do the work, I imagine its super stressful.

G_M

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?

Cakeguts

The changes make it more difficult for landlords to make money if they have a mortgage. It is possible that the landlord of your friend's flat had difficulty paying a mortgage when your friend got behind on the rent and that has just made them think that they don't want to carry on letting the flat. The changes affect landlords who have a mortgage on their properties.