Problem neighbours and tenancy agreement running out question

warriorsq

I'm asking on behalf of my sister...She owns her flat but the flat below is rented out and there has been problems with noise and parties during covid restrictions and the police were called. Lately there's been no party's but constant use of weed has continued and her flat smells of it. She's spoken to the landlord a number of times and he did say back in Jan that they only had a 1 year agreement which runs out in July. She asked today if at the end of the agreement he'd give her notice to move and not continue let it roll on, he say's that with the current covid tenant protection he cant get her out early which is fair enough, but even with covid protection, when the 1 year ends can he not give her notice that he wants her to leave then?...just curious

MaryNB

Tenancy agreements don't "run out". The fixed term ends (in this case a year) and after that it automatically becomes a rolling tenancy unless the tenant gives notice to vacate (or in some cases agrees to a renewal of the fixed term). If the landlord wants the tenant out they need to issue an S21 notice seeking possession (currently 6 months with Covid but will be 4 months after the end of May and possibly back to 2 months from October). If the tenant ignores the S21 the landlord has to apply to the court for an eviction order. 

kasqueak

If the tenancy is up in July then yes by today’s rules he could give the tenant notice to leave. But of course this could change in the coming months as we still go through the covid situation in the UK. 

But at the same time, the landlord doesn’t have to not offer her a new tenancy. What if they’re always on time with the rent and with the current situation he doesn’t want to lose that income by having to find a new tenant? 

I understand your sister has had issues and I sympathise, having been in a similar bad neighbour situation, but she shouldn’t rely on the tenant below being asked to leave. 

If the smell is coming through the door (which is probably most likely) then she could install draught excluders or even a thick curtain over the door to stop the smells coming in. Has your sister spoken to the tenant downstairs about the smell? They genuinely might not realise it’s spreading upstairs and impacting someone. 

warriorsq

kasqueak said:

If the tenancy is up in July then yes by today’s rules he could give the tenant notice to leave. But of course this could change in the coming months as we still go through the covid situation in the UK. 

But at the same time, the landlord doesn’t have to not offer her a new tenancy. What if they’re always on time with the rent and with the current situation he doesn’t want to lose that income by having to find a new tenant? 

I understand your sister has had issues and I sympathise, having been in a similar bad neighbour situation, but she shouldn’t rely on the tenant below being asked to leave. 

If the smell is coming through the door (which is probably most likely) then she could install draught excluders or even a thick curtain over the door to stop the smells coming in. Has your sister spoken to the tenant downstairs about the smell? They genuinely might not realise it’s spreading upstairs and impacting someone. 

Thank you very much for that. He does want her out, as she's caused him grief but it seems MaryNB has hit the nail on the head!
She has spoken to them but they didn't really care...I will mention about the curtain

warriorsq

MaryNB said:

Tenancy agreements don't "run out". The fixed term ends (in this case a year) and after that it automatically becomes a rolling tenancy unless the tenant gives notice to vacate (or in some cases agrees to a renewal of the fixed term). If the landlord wants the tenant out they need to issue an S21 notice seeking possession (currently 6 months with Covid but will be 4 months after the end of May and possibly back to 2 months from October). If the tenant ignores the S21 the landlord has to apply to the court for an eviction order. 

Oh right that's how it works, I wasn't sure. Thank you very much for that 

knightstyle

I feel very sorry for her and unfortunately when they leave the next renters could be much worse!  Ok they may be better but that is a gamble.
IMO she should make plans to sell an move away. then try to find a place with no renters near.

anselld

warriorsq said:

MaryNB said:

Tenancy agreements don't "run out". The fixed term ends (in this case a year) and after that it automatically becomes a rolling tenancy unless the tenant gives notice to vacate (or in some cases agrees to a renewal of the fixed term). If the landlord wants the tenant out they need to issue an S21 notice seeking possession (currently 6 months with Covid but will be 4 months after the end of May and possibly back to 2 months from October). If the tenant ignores the S21 the landlord has to apply to the court for an eviction order. 

Oh right that's how it works, I wasn't sure. Thank you very much for that 

Of course if the L had any intention to issue s21 he could have given six months notice in Jan to expire at the end of the fixed term in July.  The reality is he doesn't have to live with the problem so will be happy so long as they keep paying rent.

poolboy

Landlord here, i had this.  The problem tenant is probably breaking lease covenants so you could get managing agent to send a letter.  The recipient probably won't g a s but it's a letter on file in case of a further dispute.  Also, cheeky ask, but the landlord below is earning for the neighbours inconvenience, so you could ask for some compensation.  I would say no but you never know.  If you want to sell be careful getting into a formal dispute you have to declare it.

Slithery

poolboy said:

If you want to sell be careful getting into a formal any dispute you have to declare it.

It doesn't have to be formal. Any dispute has to be declared on the TA6 when you come to sell.