Giving notice to a tenant

80stoyfan

horsewithnoname said:

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

Yes they can't get a mortgage for the value of the house 

80stoyfan

caprikid1 said:

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.

caprikid1 said:

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.

I can't see anywhere that says you have to declare it for a section 21? I guess it doesn't matter anyway seeing as it has been declared but would like to be pointed in the right direction for that if anyone can help.

80stoyfan

FlorayG said:

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

I have learned my lesson regarding not upping the rent...to be honest I was just glad they were paying regularly. Oh well I'm too soft and not a born landlord hence wanting to get out of it. I'm not sure why theartfullodger wants to know...it was a building society that acted as a letting agency.

pinkshoes

80stoyfan said:

horsewithnoname said:

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

Yes they can't get a mortgage for the value of the house 

Being realistic, if they can't get a mortgage and haven't had a rent increase for 15 years, then there's a chance they won't want to leave...

So you absolutely MUST issue the S21 correctly with proof of postage. 

If they can't find anywhere to go, the council will advise them to stay put until a court and bailiff eviction, so you should prepare for this, and will take quite a bit longer than the 2 months.

You could also bribe the tenant to leave if it looks like they're wanting to not go e.g. if they move out by X date, then you'll give them £XXXX towards the cost of moving. 

horsewithnoname

80stoyfan said:

horsewithnoname said:

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

Yes they can't get a mortgage for the value of the house 

Oh shame, that would have been ideal for everyone. Good on you for offering anyway. 

80stoyfan

pinkshoes said:

80stoyfan said:

horsewithnoname said:

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

Yes they can't get a mortgage for the value of the house 

Being realistic, if they can't get a mortgage and haven't had a rent increase for 15 years, then there's a chance they won't want to leave...

So you absolutely MUST issue the S21 correctly with proof of postage. 

If they can't find anywhere to go, the council will advise them to stay put until a court and bailiff eviction, so you should prepare for this, and will take quite a bit longer than the 2 months.

You could also bribe the tenant to leave if it looks like they're wanting to not go e.g. if they move out by X date, then you'll give them £XXXX towards the cost of moving. 

Can you give them the S21 in person? Presumably also increasing the rent as other's have mentioned is an option?

FlorayG

80stoyfan said:

pinkshoes said:

80stoyfan said:

horsewithnoname said:

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

Yes they can't get a mortgage for the value of the house 

Being realistic, if they can't get a mortgage and haven't had a rent increase for 15 years, then there's a chance they won't want to leave...

So you absolutely MUST issue the S21 correctly with proof of postage. 

If they can't find anywhere to go, the council will advise them to stay put until a court and bailiff eviction, so you should prepare for this, and will take quite a bit longer than the 2 months.

You could also bribe the tenant to leave if it looks like they're wanting to not go e.g. if they move out by X date, then you'll give them £XXXX towards the cost of moving. 

Can you give them the S21 in person? Presumably also increasing the rent as other's have mentioned is an option?

Yes you can print one an hand it to them
You can increase the rent to market value. They might go to a rent tribunal but they will get nowhere if they haven't had an increase for 15 years

caprikid1

80stoyfan said:

caprikid1 said:

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.

caprikid1 said:

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.

I can't see anywhere that says you have to declare it for a section 21? I guess it doesn't matter anyway seeing as it has been declared but would like to be pointed in the right direction for that if anyone can help.

It does not , it's just some people can't resist being unhelpful

BikingBud

FlorayG said:

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

That's an unsound assumption. You have absolutely no idea about the tenants' financial standing.

They may have been squirrelling away the difference between a mortgage and their rent or a going rate and the rent that they have been very fortunate to have been required to pay and the disposable funds have been invested and accruing gains over 15 years.

15 years of rent underspend salary sacrificed into a good pension might give them quite a significant sum and they don't give a flying fig what the landlord does or they may not have.

But you cannot presume. If the LL tries playing a new comparitive rent card as their route to achieving vacant possession and the tenant stumps up. What then?

caprikid1

"But you cannot presume. If the LL tries playing a new comparitive rent card as their route to achieving vacant possession and the tenant stumps up. What then?"

Sell with great tenants in situ paying rent at Market Rate ?