notice

wheelz

I'm a landlord selling my flat. I contacted a letting agency to see if I could give notice midway through the month to my tenant and they said it was fine if at least 2 months in advance. It's a rolling contract. Is that the case in your experience/view? I have a good relationship with the tenant and would refund remainder or ask her only to pay x amount of days. As long as I send the letter in time I should be alright the letting agency's advice was. Is there anything I should know about this that I might not be aware of?

ProDave

Someone will be along in a minute to tell you what a horrible landlord you are, and then pointing out how the tenant can go through the S21 notice with a fine tooth comb to find any tiny reason for it being "invalid" thus allowing the tenant to remain and fight it if they are so damned pig stubborn.

Start by talking to the tenant to try and agree an amicable leaving date, probably tied in with them finding another place. It would be a lot "tidier" of they started looking for another place now, and the tenant gave notice to leave when he was ready.

That was sort f how it worked when I sold a BTL. I let the tenant know we wanted to sell (I had heard a rumour he might want to buy it, but he didn't) About a month later he gave his notice to leave, so it all worked out well and he had time to find somewhere else.

theartfullodger

You can agree any leave date/time with tenants using a surrender deed - this evening 22:49 if you like:. With such terms as you both agree - you could pay them, or they could pay you (they just might wanna go sharpish).

However if tenant digs heels in to court, PO, bailiffs as they are legally entitled to (Thatcher's 1988 Housing Act) then typical eviction timescales are 40+ weeks so don't make any immediate plans.

Realistically tenant does not have to agree viewings, keeping the place tidy, not explaining problems with property,, valuations, visits to view, survey, boards etc. The smart landlord wanting tenant cooperation offers a rent reduction. Were I tenant I'd want at least 50%

Sadly not all landlords are smart, nor all tenants, nor MPs, nor agent

To check s21 try mark Prichard's website for free 24 page checker.
https://markprichard.co.uk/content/documents/170522-Section-21-checker-tool.pdf

Amazing how many stupid landlords get them wrong. Even more amazing how many smart landlords get them wrong. (I made way worse, severe, painful, drawn out mistake when I started as Landlord in 2000).

Slithery

* 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?

G_M

wheelz wrote: »

I'm a landlord selling my flat. I contacted a letting agency to see if I could give notice midway through the month to my tenant and they said it was fine if at least 2 months in advance. It's a rolling contract. Is that the case in your experience/view?
Did the tenancy start with a fixed term, or was it periodic from day 1?
What date did the tenancy start?
It makes a difference.

I have a good relationship with the tenant and would refund remainder or ask her only to pay x amount of days.
If you have a good relationship, go and have a friendly chat. suggest tea, and take a cake.
Much can be achieved/agreed over a slice of Maderia!

As long as I send the letter
:eek: You need to send a propr notice. The correct notice depends when the tenancy started, and what kind of tenancy it was. See the link provided by Slithery.
in time I should be alright the letting agency's advice was. Is there anything I should know about this that I might not be aware of?

If you reach an amicable agreement, confirmed in writing, you should be fine.
If you use the correct legal procedure, you should be fine.

When issuing the S21, you might find this checklist useful:

S21 checklist (Is a S21 valid?)

wheelz

I have been round and we had a good chat. She is thinking of making some big decisions herself as she wants to move on or maybe back to the continent. Flat is not on the market yet i wanted to tell her first. I went round 2 weeks ago. We're trying to agree when she would have to leave and thus when i would serve notice. I wanted to find out if midway would also be ok or that it has to be just before new month starts on her contract. Original contract was 6 months, now 4.5 years ago. I'm thinking of offering a month free rent to agree on end of April instead of end of May that she prefers. She wants to go on a break to her homeland first and said that she might have to change her plans. Is a normal letter with correct details sufficient or does it have to be the form. Would or could I use an agency. I've never rented a flat out before I used to live in it myself for 8 years. Then I moved in with my boyfriend.

wheelz

Maybe half the rent is a better idea than the last month for free. I will suggest that and hope she is agrees to that.

wheelz

That worked. I have halved the rent and she has agreed to leave at end of April. This is by text. Now I need to work out surrender letter or s21 notice. I'll be glad once the flat is sold. Now I feel that I can tell the estate agent to go ahead with advertising flat. He says I can do exchange and wait with completion until tenant has left. Any comments on that. Do I send a letter and she wants it back signed or do I ask her to send me a surrender letter?

Marvel1

wheelz wrote: »

Now I feel that I can tell the estate agent to go ahead with advertising flat. He says I can do exchange and wait with completion until tenant has left. Any comments on that.

Any decent buyer's solicitor will advise against it (so would we on this board), once exchanged the buyer is committed and worse case scenario tenant does not leave and could be weeks, the buyer has to wait.

wheelz

I wasn't entirely sure how it would work. Estate agents they seem to just say things. Will be guided by solicitor.t

eddddy

wheelz wrote: »

I wasn't entirely sure how it would work. Estate agents they seem to just say things. Will be guided by solicitor.t

As cjdavies says, your solicitor will advise you against exchanging...

... and the buyer's solicitor will advise the buyer against exchanging, until the property is vacant.

Some cautious buyers might even refuse to start searches and mortgage applications until the tenants have moved out. They might be concerned about wasting the costs, if the tenant then refuses to move out.

However, if you're able to show the seller (or their solicitor) a surrender deed, that might reassure them.