notice

G_M

wheelz wrote: »

I'm a bit worried about this bit of the Surrender agreement:
5. Mutual Release

5.1 The Tenant releases the Landlord from the Landlord's Obligations

5.2 The Landlord releases the Tenant from the Tenant's Obligations.

I will have to change it as the tenant pays monthly and I will state how much (reduced). So they're not going to be released from their obligations at time of signing deed but they will at time of surrender. Or am I misunderstanding this part of the agreement?

What obligations would I as landlord be releasing? If I don't understand it what will my non-native tenant make of it?

I feel a bit uncomfortable to bombard her with two 'formal/legalistic' letters, the S21 and the surrender letter, it's all so formal and we have a good relationship but I guess it needs to be done.

If you don't want to 'bombard', theen don't do so. Rely on the good relationship. it's up to you.

You could delete 5.2 and not release any obligations. The ttenant would then have to continue tto pay rent (and.... and.... and....).

You could delete 5.1 and not be released from obigations. You would then have to continue to provide access by the tenant to the property, and maintenance....and.....and.......

The Deed should be dated asat the date of surrender. Naturally you won't agree unlesss rent (at whatever you've agreed) is up to date.

wheelz

I've gone through this checker provided in your link. Could I just clarify the following: "79. Did the date given in the notice as the
day after which possession was required
the last day of a period of the tenancy?
□
□
Yes
No
 go to (81)
 notice is invalid"

I think the word "include" might be missing. Is this the question that means that the notice should be for the last day of the month before the day that the tenancy was started. Otherwise it's not valid? Example: tenancy started on 5 October, notice request the flat to be vacated on 4 of May (given at least two months are included).

theartfullodger wrote: »

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).

wheelz

I have a solicitor for the sale of my flat. She advises to also do a S21 notice in addition to the surrender letter. The government website seems to say that you can write your own letter and don't need a form if tenancy started before 2015. "Giving tenants a Section 21 notice
You must give your tenants the Section 21 notice by filling in form 6a if the tenancy started or was renewed after 30 September 2015.

Otherwise, you can write your own Section 21 notice. If it’s a periodic tenancy, you must explain that you’re giving notice under Section 21 of the Housing Act 1988." From: https://www.gov.uk/evicting-tenants/section-21-and-section-8-notices But I'll go and look for a template anyway as it's easier.

wheelz

I am writing the S21 notice (periodic tenancy started before 2015) and understand that the date is very important and I should be careful not to get it wrong. So it needs to be the date the tenancy started (5th of the month)? The Date of Expiry of Notice is in my case 5 May 2018. Whether the rent is paid on the same day or one day before doesn't matter? I'll have to double-check the two.

Comms69

wheelz wrote: »

I am writing the S21 notice (periodic tenancy started before 2015) and understand that the date is very important and I should be careful not to get it wrong. So it needs to be the date the tenancy started (5th of the month)? The Date of Expiry of Notice is in my case 5 May 2018. Whether the rent is paid on the same day or one day before doesn't matter? I'll have to double-check the two.

No it needs to be 2 months, that's it.


Why not just use the form? It's literally been designed to make it easy.

wheelz

I think it expires on the 4th not the 5th. As that would be the last day of the tenancy. Am I right in thinking that?

Comms69

wheelz wrote: »

I think it expires on the 4th not the 5th. As that would be the last day of the tenancy. Am I right in thinking that?

I don't understand what you mean.


A s.21 notice must be served after 4 months from the start of the tenancy, and must be at least 2 months in length.


That's it.


The notice doesn't end the tenancy, so it wouldn't necessarily be the last day of the tenancy when it expires.

wheelz

The tenant has been there since 2013. The tenancy started on the 5th of the month so the Date of Expiry of the S21 notice that I'm sending to her needs to be the 4th as that would be the end of the tenancy period as it expires on the last day of a tenancy period.

Comms69

wheelz wrote: »

The tenant has been there since 2013. The tenancy started on the 5th of the month so the Date of Expiry of the S21 notice that I'm sending to her needs to be the 4th as that would be the end of the tenancy period as it expires on the last day of a tenancy period.

Go for it - I've already told you that isn't a requirement, but if it helps you why not.

wheelz

Comms69 wrote: »

Go for it - I've already told you that isn't a requirement, but if it helps you why not.

What is your answer based on? Most people say that it needs to be the end of the tenancy period and that this is really important. Get it wrong and your notice could be invalid.

I would also be interested to hear from you how you end a tenancy. As you seem to be saying it is not through a notice. Or do you mean it's only ended once the deposit has been paid back and tenant moved out?