evicting a tenant

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  • evicting a tenant

    Hello there, I have been renting my property for the last 2 and a half years and have been doing so with a 6 month AST contract. At the end of the current contract (which I renewed last weekend) I wish to take the property back, I stated this to my tenant before the tenant signed the current contract so that they have plenty of time to find another place to rent. I said to the tenant that I will be sending them a 2 month notice near the end of the contract (I believe a section 21 notice) which I legally have to do. I said to the tenant that, if they wanted to end the contract before the 6 months to move into another property, I would be fine with that as long as they give me notice.

    Now I received a text today from the tenant asking to "do a letter for them about selling up and just post it in" I haven't responded yet as I needed some advice first. If they are on about a letter stating that they can end the contract within the 6 months before the contract ends, that would be fine as it was only verbally agreed and not put down in writing. However the thing I need to know is, can I refuse to send a letter out if they are asking for a letter to say why I am taking it back? (in this case because I want to sell the house) also can I refuse to give them a section 21, as I don't need to give them notice yet as the legal requirement is less than 2 months? Sorry about the long post, I just wanted to make sure the whole situation was told. thanks for the help in advance.

  • #2
    I would not give T any reasons in writing.
    Neither can he give you Notice during fixed term, but he can offer 'early surrender' which you can accept with min/no conditions.
    You cannot serve valid s21 until end of month 4 and subject to Deposit protection.

    Comment


    • #3
      Ok thank you for your reply, What is this early surrender? Do they just have to put it in writing that they want to end the contract?

      Comment


      • #4
        Why on earth did you agree a new six month extension?
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


        • #5
          Originally posted by jpkeates View Post
          Why on earth did you agree a new six month extension?
          I was happy to let it run until February but because it was so soon after the Christmas season, I wanted them to know well in advance, so that they was ready to move out. I didn't want it to go into the new financial year how ever.

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          • #6
            What JPK means is why didn't you just the tenancy go periodic, which would have given you far more flexibility.

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            • #7
              Yeah I can see what you mean. I might change the contracts with my tenant to include that "early surrender clause as I have an inkling they might try and get somewhere before the end of the 6 months. Just another quick question, if she gives me a written notice using the early surrender clause, do I have to give a written letter of acceptance or do I just do all of the deposit stuff on the day of the tenant leaving?

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              • #8
                You can't amend the existing AST and early surrender need not be included.
                Just Google it or search for term on LLZ.
                If they want to leave during fixed term, they have to request it and you can then accept/decline it.
                Have you done any LL training

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                • #9
                  Thanks for the info, I did read up about the surrender clause after and like you said, you don't need any clause included but I think my tenant wants more than a verbal agreement for that, I will just write them a letter signed by both of us confirming they can use a surrender clause if they wish. Also no I didn't do any LL training, a local agent set up the tenancy for me and I have ran it since, but I want to end it now and I want to make sure that I do everything right. Just another quick question so that I don't have to start a new topic, I have used this template online for my section 21 notice, would this be ok to serve?

                  (the fixed term is for the 14th August 2017 to the 14th febuary 2018)

                  Dear Tenant,
                  (house address tenant is renting here)
                  As discussed last time we met, this is to inform you that, by virtue of Section 21 of the Housing Act 1988, I require possession of the above property after 13th february 2018. If convenient, I would like to do an initial check of the property, and the inventory, with you on Saturday 3rd february 2018. This should allow us time to sort out any discrepancies before the end of the tenancy.
                  On 3rd february 2018 we can also discuss the exact arrangements for the hand back of the property on 13th february 2018.
                  I hope you’ve been happy in the property and I wish you well for the future.
                  I will give you a phone call a week prior to the 3rd february 2018 to confirm about calling round on 3rd february 2018
                  Yours sincerely,

                  My name (Landlord)

                  Date of Expiry of this Notice: 13th Febuary 2018

                  Comment


                  • #10
                    Is it the now required Form 6A and have all Deposit Protection requirements been met?

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                    • #11
                      Yes all deposit protection requirements are met, I have given them the p.i at the beginning of the tenancy, the only problem is that the gas safety certificate runs out 2 days prior to the end date of the term and I really don't want to get a gas certificate just for 2 days. Also would this do for a 6A form? https://www.gov.uk/government/upload...n_property.pdf
                      I saw it online and it looks a better version to my original one. i read an interesting part in this document that says
                      "but where the tenancy is a replacement tenancy, the four month period is calculated by reference to the start of the original tenancy and not the start of the replacement tenancy" Does that mean i can enforce it straight away or would i still have to wait for the 4 months to pass on this current contract?

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                      • #12
                        As stated, the section 21 can only be sent after 4 Months from the original tenancy, so you can serve it now with a date of the end of this current tenancy. ie, after 13th February 2018. I think it would be better to serve it nearer to the end date though, about 10th of December.

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                        • #13
                          Thanks for the confirmation, so would this be ok to send to the tenant?
                          https://www.gov.uk/government/upload...n_property.pdf

                          I am thinking of using this template as it seems to be the best one available. I will send that and a letter stating that I will let them end there tenancy with a break clause, so that they have it in writing. Is that ok?

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                          • #14
                            Get a new GSC arranged. A valid GSC is a requirement during any Tenancy..
                            T does not have to vacate on expiry of Repo Notice, she could remain your T until legally evicted by Court Bailiffs after a further several weeks/months.
                            For ~£50 (tax deductible), is it worth the risk?

                            Comment


                            • #15
                              OK, thanks for the advice, by the look of it, i'm going to have to get a new energy certificate as I gave the T mine and I think T has lost it, which means I need to get another, which has peeved me off a little, Saying that, its my fault for not supplying a copied version, one last thing, is this template ok to give? https://www.gov.uk/government/upload...n_property.pdf

                              Comment

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