Giving notice to a tenant

80stoyfan

Hi,
Just wondering if anyone can help me. I have a rental property which I would like to sell. The tenant has been in the house for 15 years and they haven't had a rent increase in that time. What is the correct way to give them notice?
I was with a building society to initially find a tenant and then went it alone. Their deposit is in the deposit scheme. They get a gas safety certificate every year and have energy efficiency results.
The tenancy is periodic.
I have given them over two months notice verbally and via message but am I right in thinking I also have to give them a written section 21 form? Is it form 6a I need to give? Many thanks.

theartfullodger

Which country ?? (Presumably england??)

The building society found the tenant?? Blimey, who was that then.  We take it all (ALL) rent income has been declared to HMRC..

Have you checked that the s21 will be valid - many many are not... >> e,g, 
https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/notices_in_possession_proceedings/what_makes_a_section_21_notice_invalid
&
https://nearlylegal.co.uk/section-21-flowchart/

(It's not just sticking deposit in deposit scheme... a lot lot more...)

You'll realise that s21 does not end tenancy nor compel tenant to leave.  They have  rights to remain from the same act as you have the right to serve s21 (Thatcher's 1988 Housing Act)....

Got all the evidence for CGT ?? (Needs eclaring & paying within 60 days of sale...)

80stoyfan

theartfullodger said:

Which country ?? (Presumably england??)

The building society found the tenant?? Blimey, who was that then.  We take it all (ALL) rent income has been declared to HMRC..

Have you checked that the s21 will be valid - many many are not... >> e,g, 
https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/notices_in_possession_proceedings/what_makes_a_section_21_notice_invalid
&
https://nearlylegal.co.uk/section-21-flowchart/

(It's not just sticking deposit in deposit scheme... a lot lot more...)

You'll realise that s21 does not end tenancy nor compel tenant to leave.  They have  rights to remain from the same act as you have the right to serve s21 (Thatcher's 1988 Housing Act)....

Got all the evidence for CGT ?? (Needs eclaring & paying within 60 days of sale...)

Yes England and yes all income has been declared to HMRC. Not sure what you mean about the building society but yes they did find and vet the tenants and looked after the house for a monthly fee. That was 15 years ago. I have since gone it alone when the initial contract with them finished.

I am asking these questions so that the whole process is done fairly? From what I can gather based on info that I have read plus what you have included I have done what I need to do, just need to know if it is a form 6a I need to give. 
So if the s21 doesn't compel a tenant to leave and you have done everything properly to give them notice, what then? Take them to court? There must be some protection for landlords?

As for CGT I can look into that once I've given the tenant notice but will speak to my accountant who does my self assessment.

Stubod

If the tennants don't leave after a section 21 then you will need to go to court, if succeseful you will then need to get bailiffs..not really any "protection" for Landlords other than this....

FlorayG

80stoyfan said:

theartfullodger said:

Which country ?? (Presumably england??)

The building society found the tenant?? Blimey, who was that then.  We take it all (ALL) rent income has been declared to HMRC..

Have you checked that the s21 will be valid - many many are not... >> e,g, 
https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/notices_in_possession_proceedings/what_makes_a_section_21_notice_invalid
&
https://nearlylegal.co.uk/section-21-flowchart/

(It's not just sticking deposit in deposit scheme... a lot lot more...)

You'll realise that s21 does not end tenancy nor compel tenant to leave.  They have  rights to remain from the same act as you have the right to serve s21 (Thatcher's 1988 Housing Act)....

Got all the evidence for CGT ?? (Needs eclaring & paying within 60 days of sale...)

I am asking these questions so that the whole process is done fairly? From what I can gather based on info that I have read plus what you have included I have done what I need to do, just need to know if it is a form 6a I need to give. 
So if the s21 doesn't compel a tenant to leave and you have done everything properly to give them notice, what then? Take them to court? There must be some protection for landlords?

NO, there's no protection for LL and it's about to get worse which is why so many are selling up and getting out of being a LL.
Use the 6A form, issue the S21 with the required notice or longer ( the longer you give them, the longer they have to find elsewhere to live)
Unfortunately as you have not increased the rent for 15 years the tenants are unlikely to be able to find anywhere else they can afford, having lived up to their means all this time, so they will not want to leave and you may have to go to court. This can take as long as 6 months to get tenants to leave
If they want to apply for social housing then they will be required to resist the S21 because if they leave as requested they will be deemed to be 'voluntarily homeless' and the council will not help them
You might consider offering them a financial incentive to leave...or increasing the rent to market value

user1977

...or sell with the tenants, or sell to the tenants...

theartfullodger

Which building society funds and vets tenants please?   £6 to an agreed housing charity if name and evidence thereof supplied.

You are sure you didn't mean letting agents not building society?

FlorayG

theartfullodger said:

Which building society funds and vets tenants please?   £6 to an agreed housing charity if name and evidence thereof supplied.

You are sure you didn't mean letting agents not building society?

It's not really relevant is it? it was 15 years ago ( who doesn't increase rent in fifteen years?) and whoever it was is no longer involved anyway

newsgroupmonkey_

If you haven't increased the rent in 15 years, I'd suggest sending an S13 for rental increase (to near market value).

I think this will help them make a decision to move much quicker. Otherwise they'll stall and if you haven't completed the full S21 checklist then you could be here this time next year.

Chances are, they won't agree (because they can't afford) the increased rent and you can send them a Section 8.

Alternatively, as others often suggest, you could offer them a decent chunk of money to move out.

horsewithnoname

It’s your tenant’s home; have you offered to them to buy? They might jump at the chance. 

caprikid1

We take it all (ALL) rent income has been declared to HMRC" 

Did not realise this was now part of the prerequisites for a section 21, every days a school day.