Notice period on tenancy

Comms69

GDB2222 wrote: »

I'm pleased she's leaving, as she's become disenchanted with the place. I'm also delighted she's found a new place to move to.

My annoyance is that she's chosen to give only two weeks notice, when she could easily have given four. The point is that it usually takes around two weeks from agreeing a new tenancy to actually signing up. She could have told me she was probably leaving at the start of that period. That would have given me an extra two weeks notice, without any cost to her at all.

Normally?


I've agreed tenancies with-in 24 hours.


Without any cost, well presumably you wanting to conduct viewings etc whilst she's packing and getting ready to move?

Red-Squirrel_2

GDB2222 wrote: »

My annoyance is that she's chosen to give only two weeks notice, when she could easily have given four.

You need to let that annoyance go though, because there is no reason at all to believe that was done inconsiderately or maliciously.

Pixie5740

GDB2222 wrote: »

I'm pleased she's leaving, as she's become disenchanted with the place. I'm also delighted she's found a new place to move to.

My annoyance is that she's chosen to give only two weeks notice, when she could easily have given four. The point is that it usually takes around two weeks from agreeing a new tenancy to actually signing up. She could have told me she was probably leaving at the start of that period. That would have given me an extra two weeks notice, without any cost to her at all.

4 weeks notice still wouldn't be sufficient for a SPT where rent is due monthly

You want her out, she is going. Yes she should, from a legal point of view, give you more than 2 weeks notice. However, she is already in arrears, how easy do you think it will be to extract more money from her to cover her to the end of 23rd January? Mind you there's a guarantor in place so providing you executed the deed correctly you can pursue him for the money as well.

Some people might argue that Section 21 notices are unfair but they are part and parcel of renting just as void periods are to those who let.

Margot123

silvercar wrote: »

That is a ridiculous argument. For her money she has had a home for 6 years.

And the OP has not made any profit from that rent presumably?

silvercar

Margot123 wrote: »

And the OP has not made any profit from that rent presumably?

It's a business, so you would hope so.

The amount she owes you is tiny by comparison to the amount you have received from her.

An analogy would be you going into Tesco and demanding to take some food without paying on the grounds that you have been buying your groceries there for the last 6 years. And then when challenged say the cost of that food is tiny by comparison to your last 6 years groceries.

G_M

silvercar wrote: »

An analogy would be you going into Tesco and demanding to take some food without paying on the grounds that you have been buying your groceries there for the last 6 years. And then when challenged say the cost of that food is tiny by comparison to your last 6 years groceries.

What!!

But that's exactly why I always slip a bar of chocolate into my pocket each time I go to Tescos now............

franklee

GDB2222 wrote: »

I'm pleased she's leaving, as she's become disenchanted with the place. I'm also delighted she's found a new place to move to.

My annoyance is that she's chosen to give only two weeks notice, when she could easily have given four. The point is that it usually takes around two weeks from agreeing a new tenancy to actually signing up. She could have told me she was probably leaving at the start of that period. That would have given me an extra two weeks notice, without any cost to her at all.

The last thing a tenant should do is serve notice before the new place is legally binding on both themselves and their new landlord.

In my experience although a viewing and the start of the letting process may take place a couple of weeks beforehand it's not legally binding until referencing has been passed, first months rent and deposit paid and tenancy agreement signed etc.

Sometimes the tenancy agreement isn't even signed until move day. So you cannot be sure at which point the tenant was able to serve notice and have no reason to believe it was delayed out of malice to you.

Add the pressures of finding money for the deposit, moving costs, agent fees etc. up front and the pressures of the S21 and the tenant has probably been frantic trying to get it all together so you can get what you requested - your property back.

macman

So she is currently around 6 weeks in arrears? And the deposit is one month's rent? So if there are any damages to be recovered, then you have no deposit to retrieve them from?
Is the deposit protected?

Margot123

silvercar wrote: »

It's a business, so you would hope so.



An analogy would be you going into Tesco and demanding to take some food without paying on the grounds that you have been buying your groceries there for the last 6 years. And then when challenged say the cost of that food is tiny by comparison to your last 6 years groceries.

Not really a decent analogy there; we are not talking about theft, are we?
Just common sense and humility. Before you jump to conclusions, I have many decades experience in the letting business and appreciate a good tenant (even when they may be slightly in the wrong).

thelem

Legally it sounds like she should be giving you a couple of weeks more notice.

Practically it's unlikely to be easy to get the money from her, but you might be able to get it from her guarantor (although I'm sure he'll need persuading as it was six years ago and she has split with his son since then).

Morally I think she's being reasonable. She clearly doesn't have a lot of money, so she can't afford to pay for two places at once. She's been forced to leave by her landlord (admittedly due to her own actions) and therefore already has all the hassle and expense of finding a new place and moving. She's clearly found it difficult to find a new place, so when she has found one she doesn't want to potentially lose it by insisting on a moving in date later in the month.

She may have only given you two weeks notice, but you've known to expect it for a while, so you should be ready to move pretty quickly. If you've had a tenant in there six years is the property due any disruptive maintenance? e.g. new kitchen or bathroom, or even just a lick of paint? Is this your chance to get that done and therefore increase the price you can rent it for?