What's the best way to give tenants notice to vacate

Giraffe76

Hi everyone,

Thank you for your replies.
I did realise that offering 2,000 pound wouldn't be a good option.
I believe the end of tenancy is about January/February time.
They are originally from India and have lived over here for about 2 years apparently. They are really nice guys and I couldnt wish to have nicer tenants. We have absolutely nothing against them and are more than happy to provide them with a reference if they require that.
I will have to follow the legislation reform bill that's been mentioned and see what changes effect us.
Does anyone know if the changes are brought in that no fault notices can't be given will we have to go through the courts to evict them or could the end of tenancy be a way to get the house back legally and in the correct manner?

MultiFuelBurner

Giraffe76 said:

Hi everyone,

Thank you for your replies.
I did realise that offering 2,000 pound wouldn't be a good option.
I believe the end of tenancy is about January/February time.
They are originally from India and have lived over here for about 2 years apparently. They are really nice guys and I couldnt wish to have nicer tenants. We have absolutely nothing against them and are more than happy to provide them with a reference if they require that.
I will have to follow the legislation reform bill that's been mentioned and see what changes effect us.
Does anyone know if the changes are brought in that no fault notices can't be given will we have to go through the courts to evict them or could the end of tenancy be a way to get the house back legally and in the correct manner?

The legislation will imo go through next year not this year and even then if you are taking the property back to live in it that is allowed under the new proposed legislation as it currently stands without a vote and changes.

CSI_Yorkshire

Giraffe76 said:

Does anyone know if the changes are brought in that no fault notices can't be given will we have to go through the courts to evict them or could the end of tenancy be a way to get the house back legally and in the correct manner?

There is no end of tenancy here, assuming that it's presently an AST.  The fixed period of the tenancy continues as a rolling contract of the same tenancy, which can only be ended by the tenant or the court.

"Giving notice" is legally just giving notice that you can start court proceedings to regain posession after a particular date.  It's not giving notice that they have to move out, or giving notice that the tenancy will end.

It's unlikely (in my opinion) that when they change the rules to make it more difficult to kick tenants out they will change this part. 

sevenhills

CSI_Yorkshire said:

Giraffe76 said:

Does anyone know if the changes are brought in that no fault notices can't be given will we have to go through the courts to evict them or could the end of tenancy be a way to get the house back legally and in the correct manner?

There is no end of tenancy here, assuming that it's presently an AST.  The fixed period of the tenancy continues as a rolling contract of the same tenancy, which can only be ended by the tenant or the court.

"Giving notice" is legally just giving notice that you can start court proceedings to regain posession after a particular date.  It's not giving notice that they have to move out, or giving notice that the tenancy will end.

It's unlikely (in my opinion) that when they change the rules to make it more difficult to kick tenants out they will change this part. 

What is likely to be the total cost of the legal proceedings, the OP seems quite new to letting.

silvercar

The vast vast majority of tenants leave without resorting to being taken to court. 

propertyrental

If the new leglislation has been enacted by next Jan, you will need to read and understand that, and then follow the relevant process. 

If not, the current process ie serve a S21 Notice. In theory you could serve it now (you can't in the first 4 months) to expire on the last day of the fixed term in Jan. However, S21 Notices cannot be implemented 6+ months after serving. June to Jan is 6 months, so better to wait a bit longer.

I agree with others that a conversation is a good starting point. It's fairer on the tenants (who had hoped to stay long term) and also give you a chance to see their reaction and perhaps, yes, offer some cash if they move out either in Jan or, indeed, earlier. Make clear you'll be flexible over move out dates so whenever they find somewhere they can move as soon as they are ready.

Remember, a fixed term can be ignored provided you both agree (Early Surrender).

Big question: will your S21 be valid? Many are not, and landlords only find out after the 2 month period has passed and they've gone to court. The link below has 85 questions any one of which could mean an invalid S21!

(Note it's slightly out of date. The Tenant Fees Act 2019 means that that if you took a deposit of more than 5 weeks rent, the S21 will be invalid - that's Q 86!)

S21 checklist (Is a S21 valid?)

simon_or

silvercar said:

The vast vast majority of tenants leave without resorting to being taken to court. 

This. I have experience of being a tenant for a long time in my younger days, and I've been a landlord for many years now with small starter properties in high turnover areas.

The vast majority of tenants leave the property without the landlord having to go to court. Like most other people, most tenants don't want to get involved in any court proceedings and will vacate willingly and make alternate arrangements to live.

As a tenant I had to move almost every year either involuntarily (due to large increases in rent) or voluntarily because of a problem with the property or a change in work, etc. When I did get notice, not once did I ever consider waiting for the court to order me out.

Yes there will be the odd occasion that a tenant simply refuses to leave but they are rare and certainly nowhere as likely as people appear to think it to be on the forum. And if the landlord has vetted the tenants properly at the start, the likelihood is even lower.

To answer the OP's question -

As things stand, you don't need any reason to service notice on the tenants. This isn't to say that you should evict them, just stating what you can do. Needless to say, if you do decide to go ahead, do try and give them as much informal notice as you can, before any formal written notice is sent across.

Once the new rules come in (imho at least a few years away for existing tenancies) then you'll need a valid reason that falls within a list.

theartfullodger

Best for whom or what?

A polite, calm, friendly chat explaining what you'd like to do, that (if justified) you'll provide an excellent reference and be flexible or exit date (could be v quick or could be patient and slow....).

Suggest doing it somewhere neutral (pub, café....)

Is wife planning on moving back in on her own, or with you?

A "notice to leave" only applies in Scotland, PRT tenancies.  Is this the case or is it a different country,  (eg NI, Wales ...)??

Does she know you are asking this on a public forum,

What training in being a landlord has she done?

Ratkin007

In terms of validity of serving notice, if not already done, check on local authority website if property is in a Selective Licensing Area. If the property is in an area that falls within a selective licensing scheme, a licence is required. Failure to license can leave you subject to a civil financial penalty and a rent repayment order.