Want my property back

ttaylor

3 years ago I let my flat out with a 12 month AST. This ended but I let the tenant carry on at the same rent. I moved back to my parents to clear some debts and save money. I had planned to try and buy another flat for myself but due to deposit size, house prices and stamp duty I can't really afford it.
Tenant has been poor lately paying the rent, it's been late the last few months and £50 short the last 2 months. I've had cash credits bounced cheques etc.
I don't want the stress of letting it anymore and would like it back. So I'm here to ask how I go about it? Can I just tell her I've overstayed my welcome at parents and need it back or is it easier to evict due to rent being late/in arrears? Many thanks.

Comms69

ttaylor wrote: »

3 years ago I let my flat out with a 12 month AST. This ended but I let the tenant carry on at the same rent. I moved back to my parents to clear some debts and save money. I had planned to try and buy another flat for myself but due to deposit size, house prices and stamp duty I can't really afford it.
Tenant has been poor lately paying the rent, it's been late the last few months and £50 short the last 2 months. I've had cash credits bounced cheques etc.
I don't want the stress of letting it anymore and would like it back. So I'm here to ask how I go about it? Can I just tell her I've overstayed my welcome at parents and need it back or is it easier to evict due to rent being late/in arrears? Many thanks.

Wow... that is shocking. You think you can just tell her to go?...




Let's start from the beginning.


Did you take a deposit, did you protect it?
Have you supplied gas safety certificate; and done yearly checks?
Have you supplied EPC?
Have you done right to rent checks?
Have you supplied renters guide?


If flat based in Scotland or wales, are you registered?


Just fyi, there is a possibility of this taking 6 months or longer to sort out.

theartfullodger

Why have you not taken action before? Have you served s21 and/or s8 ever, please?

Serve s21 6a AND s8 all relevant arrears grounds TODAY(***), then take to court (s21 only probably). Consider small-claims also & informing council with copy of s8 of arrears. Explain (verbally only) to tenant about arrears, council will be aware, what "intentionally homeless" will mean and either no reference or a full, honest, one.

Check s21 against
https://nhas.org.uk/docs/S21_flowchart.pdf
&
https://nearlylegal.co.uk/section-21-flowchart/

re

Want my property back

It's not - currently - your property, it's tenant's property whilst tenant still has a tenancy, even if not paying the rent. It's currently just your investment: See
https://www.landlordlawblog.co.uk/20...its-still-his/

Done any training in landlord/tenant law?

*** An s8g10 may be validly served if only 1p is underpaid only 1 day.

sal_III

Or maybe, you know, discuss this with the Tenant? They might be OK leaving without the need for notices.

Comms69

sal_III wrote: »

Or maybe, you know, discuss this with the Tenant? They might be OK leaving without the need for notices.

Normally I'd agree that a discussion over tea and cake would be best; but the OP has a history of procrastinating, and even as little as two months ago is quoted as:


I own one property with a mortgage and its let out directly to a tenant who doesnt give me too much trouble and looks after it. I have asked and she will stay there as long as possible.


It's not fair on the tenant to be constantly uncertain of the OPs intentions

sal_III

Comms69 wrote: »

Normally I'd agree that a discussion over tea and cake would be best; but the OP has a history of procrastinating, and even as little as two months ago is quoted as:


I own one property with a mortgage and its let out directly to a tenant who doesnt give me too much trouble and looks after it. I have asked and she will stay there as long as possible.


It's not fair on the tenant to be constantly uncertain of the OPs intentions

One more reason to try and resolve this amicably. I suspect that there is no deposit protection and a host of other "infractions" on part of the OP in his LL duties, meaning that S21 / S8 route is not going to go down well.

If anything serving them without a "peaceful" discussion is likely to antagonise the tenant.

Pixie5740

ttaylor wrote: »

3 years ago I let my flat out with a 12 month AST. This ended but I let the tenant carry on at the same rent. I moved back to my parents to clear some debts and save money. I had planned to try and buy another flat for myself but due to deposit size, house prices and stamp duty I can't really afford it.
Tenant has been poor lately paying the rent, it's been late the last few months and £50 short the last 2 months. I've had cash credits bounced cheques etc.
I don't want the stress of letting it anymore and would like it back. So I'm here to ask how I go about it? Can I just tell her I've overstayed my welcome at parents and need it back or is it easier to evict due to rent being late/in arrears? Many thanks.

IIRC you are in England so read the Tenancies in England/Wales sticky at the top of the board, it explains how an AST can be ended.

Browntoa

Agree with above , if an unofficial let then it may cost less in the end to offer to pay the deposit on a new place for them ( possibly also something towards moving but hold back as bargaining chip ) than rack up loads of legal expenses

ttaylor

Did you take a deposit, did you protect it? no deposit taken
Have you supplied gas safety certificate; and done yearly checks? Yes
Have you supplied EPC? Don't think so
Have you done right to rent checks? What's that?
Have you supplied renters guide? Never heard of it


If flat based in Scotland or wales, are you registered? England

G_M

ttaylor wrote: »

Did you take a deposit, did you protect it? no deposit taken
Have you supplied gas safety certificate; and done yearly checks? Yes
Have you supplied EPC? Don't think so then you cannot serve a valid S21 Notice to evict.
Have you done right to rent checks? What's that? See Right to Rent you cannot serve a valid S21 Notice to evict.
Have you supplied renters guide? Never heard of it See How to rent
you cannot serve a valid S21 Notice to evict.

If flat based in Scotland or wales, are you registered? England

Permissions
You'll need
* Consent To Let from your Mortgage Lender unless you have a Buy To Let mortgage (CTL/BTL).
* Consent from your Freeholder if you have a lease (ie a flat and some houses).
* Specialist landlords insurance. Normal domestic insurance is invalid if you let the property. Compare risks as well as premiums.
* in Wales, some English councils (& Scotland) you must be registered & maybe licenced (here).

Safety & the Law
Since 1/10/15, new tenants must receive the 'Prescribed Information':
* government leaflet "how to rent"
* EPC (min E rating)
* Gas Safety Certificate if there's gas
* Smoke detectors on each floor
* CO alarm if there's solid fuel heating.

* From 1/2/16 landlords must check tenants' immigration status.

* furniture - certified fire-resistant
* electrics & electrical appliances - safe.
* Security deposit - registered & 'Prescribed Information' provided within 30 days of receipt. Failure has serious consequences. Never rely 100% on an agent.
* HMOs - special rules: check local council.


Now See:

* 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?

* New landlords: advice, information & links

ttaylor

It was let out 7/15 so does this mean those new regulations don't apply?