Tenant gives one month notice whilst being served Section 8

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    Tenant gives one month notice whilst being served Section 8

    Hi

    Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)?

    England

    Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only?

    Sole tenant

    Q3 – What date did current TA start dd/mm/yy?

    30.09.2017

    Q4 – How long was initial fixed term (6/12/24 months / other)?

    12 months

    Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)?

    per calendar month

    Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)?

    Letting agent dealt with it and its all paid before the tenancy started and its protected.

    Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy).

    Tenant received Section 8 on 09.05

    Q8 – Does the landlord live in the same property as the tenant?

    No



    Would be very grateful for some guidance/advice as to how to proceed in this situation. We are 1st time landlords and are still learning the ropes.

    This is our very first tenant and unfortunately, he fell into arrears and now owes 2.5 months rent (0.5 month accumulated as rent underpayments over the previous few months). We've issued Section 8 and a couple of days later received an email from the tenant saying that he is now giving us 1 month notice and promises to clear the arrears. (Its worth mentioning here that up until this email the tenant has ignored all our attempts at communicating with him - our reminder letters/texts/emails and calls all went unanswered. ) We were just happy that he actually replied!

    So, we are in a bit of a limbo. Rent arrears still outstanding. We are currently within the 2 weeks notice of Section 8 which expires this Friday. Our next step was going to lodge the claim for possession in court. But now, with the tenant saying that he is moving out mid-June, we are not sure whether we should still go ahead with the claim for possesion or wait another week or so to see if any rent money actually materialize. In fact, by the middle of next week June rent will be due adding another month to the arrears. In summary, a bit of a conundrum.

    Any input would be much appreciated.

    Thank you.

    #2
    By 1 month notice, I'm taking you mean a notice that he will leave?

    Unless the tenancy agreement contain a break clause allowing for notice to end tenancy early during fixed term, then the tenant's notice is meaningless.

    If there is a break clause, and the tenant's notice is in compliant with it, then the tenancy will end on the expiry of their break notice. You'd still need to go to court for possession if he doesn't leave, but you wouldn't have to worry about proving your ground 8 grounds. In such case, I'll just wait and see what he does.
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    Comment


      #3
      Do you believe him?
      If yes, then wait. If he leaves on the date stated, then great; if he doesn't, then immediately start court action.
      If no, then start court action asap, and claim for the cost of that from him (assuming it is in the agreement).

      If it ends up in court, remember to get the judge to order that the deposit be paid to you as part of the money owed (otherwise it remain the tenant's money).

      Comment


        #4
        You could write back saying you accept his offer of early surrender on date his Notice expires, provided he signs a Deed of Surrender on that day. Until then he remains liable for rent & property & s8 remains live.

        Join NLA/RLA and undertake some basic LL training.

        Comment


          #5
          Write back and accept the tenant's notice, calling it a surrender - it's not valid notice, but you're both entitled to allow a surrender whenever you want.

          "Thank you for your letter/email of xx/xx/xxxx. I/we agree that surrendering the tenancy early, on yy/yy/yyyy is probably for the best"

          Wait until the middle of June.
          If the tenant moves out, that's good.

          Otherwise court.
          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

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