How to cancel tenancy agreement.

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • How to cancel tenancy agreement.

    Hi,
    I have a tenant in my house. I gave him a 6 months agreement for one room. It has been over a month and I want him to leave the property because I want to move in his room. In the tenancy agreement it says that if the tenant wants to leave he has to give me 1 months notice,, but does not the length of notice I should give to get rid of the tenant.

    Theres a clause under 'recovery of possession' that says that:

    'the landlord has occupied the premises as his only or principle home and may require the premises as his or his spouse only or principle home. The landlord hereby gives notice that possession of the premises may be recovered on Ground 1 in Part 1 or Schedule 2 to the Housing Act 1988'

    So can someone please tell me by law whats the notice period i have to give him. i need to get rid of him asap.

    Note I dont currently live in the house.

    many thanks
    ali

  • #2
    Originally posted by FG_Landlord View Post
    Hi,
    I have a tenant in my house. I gave him a 6 months agreement for one room. It has been over a month and I want him to leave the property because I want to move in his room. In the tenancy agreement it says that if the tenant wants to leave he has to give me 1 months notice,, but does not the length of notice I should give to get rid of the tenant.

    Theres a clause under 'recovery of possession' that says that:

    'the landlord has occupied the premises as his only or principle home and may require the premises as his or his spouse only or principle home. The landlord hereby gives notice that possession of the premises may be recovered on Ground 1 in Part 1 or Schedule 2 to the Housing Act 1988'

    So can someone please tell me by law whats the notice period i have to give him. i need to get rid of him asap.

    Note I dont currently live in the house.

    many thanks
    ali
    When you say 'It has been over a month' do you mean he has been living there one month or seven months already?
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

    Comment


    • #3
      Originally posted by mind the gap View Post
      When you say 'It has been over a month' do you mean he has been living there one month or seven months already?
      He has lived there only one month. he has been a good tenant, paid rent on time etc. I just want him to move because I want to move in there myself.
      thanks.

      Comment


      • #4
        dont get me wrong, im not horrible or anything. i really need to move in.

        Comment


        • #5
          Originally posted by FG_Landlord View Post
          dont get me wrong, im not horrible or anything. i really need to move in.
          I'm not saying you are horrible, just in the wrong!
          You cannot grant someone a six month tenancy, then ask them to move out after just one month because you decide you need the room!

          For ground 1 to apply, you need to have informed tenant in writing before tenancy began that you might/would want to repossess during the term.
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

          Comment


          • #6
            Originally posted by mind the gap View Post
            I'm not saying you are horrible, just in the wrong!
            You cannot grant someone a six month tenancy, then ask them to move out after just one month because you decide you need the room!

            For ground 1 to apply, you need to have informed tenant in writing before tenancy began that you might/would want to repossess during the term.
            I have just re-read your post - when you say 'there is a clause', do you mean a clause in the tenancy agreement itself which you gave him?

            If so, it may count as 'informing him in writing before the tenancy starts', (as you need to do for ground 1 to apply) but I don't know if there is a minimum notice period for this.

            Perhaps someone else does?
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

            Comment


            • #7
              Originally posted by mind the gap View Post
              I have just re-read your post - when you say 'there is a clause', do you mean a clause in the tenancy agreement itself which you gave him?

              If so, it may count as 'informing him in writing before the tenancy starts', (as you need to do for ground 1 to apply) but I don't know if there is a minimum notice period for this.

              Perhaps someone else does?
              yh its in the tenancy agreement, under 'recovery of possession'.

              Comment


              • #8
                Have you lived in the house yourself as your sole or principle residence, before the tenant moved in?
                'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                Comment


                • #9
                  Originally posted by mind the gap View Post
                  Have you lived in the house yourself as your sole or principle residence, before the tenant moved in?
                  no, it was rented out to a family.

                  Comment


                  • #10
                    Originally posted by FG_Landlord View Post
                    no, it was rented out to a family.
                    In that case, I don't think you can cite ground 1, after all.

                    But I'm not an expert. Wait till someone comes along who knows definitively!

                    And I've just spotted a glaring spelling error : principal residence, not principle! Apologies...
                    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                    Comment


                    • #11
                      Originally posted by mind the gap View Post
                      In that case, I don't think you can cite ground 1, after all.

                      But I'm not an expert. Wait till someone comes along who knows definitively!

                      And I've just spotted a glaring spelling error : principal residence, not principle! Apologies...
                      Hi

                      You are right, if the landlord has never lived in the property as his or her only or principal home then ground 1 cannot be used.

                      Preston

                      Comment


                      • #12
                        Thanks Preston.

                        In that case, the soonest you can make him go is the end of the six months (serve him a section 21 notice now) unless:
                        • he falls behind with the rent - but you still have to get a court order to get him out and it's a palaver
                        • you can persuade him to surrender the tenancy and leave of his own accord
                        before the six months is up e.g.by offering him a financial incentive to go

                        Why don't you just use the rent he is paying you, to rent somewhere else for yourself until the six months is up and you can regain possession?
                        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                        Comment


                        • #13
                          Originally posted by mind the gap View Post
                          Thanks Preston.

                          In that case, the soonest you can make him go is the end of the six months (serve him a section 21 notice now) unless:
                          • he falls behind with the rent - but you still have to get a court order to get him out and it's a palaver
                          • you can persuade him to surrender the tenancy and leave of his own accord
                          before the six months is up e.g.by offering him a financial incentive to go

                          Why don't you just use the rent he is paying you, to rent somewhere else for yourself until the six months is up and you can regain possession?
                          Because I dont have money for deposit.

                          Comment


                          • #14
                            Originally posted by FG_Landlord View Post
                            Because I dont have money for deposit.
                            You may be able to get over that problem by finding a LL who does not actually want a deposit as such. If you offered to pay for a rent, damage and contents insurance policy for the period of your tenancy you may well find a sympathetic LL who does not want the hassle of the 'deposit protection schemes'.
                            A long shot maybe, but worth a try.
                            I offer no guarantee that anything I say is correct. wysiwyg

                            Comment

                            Latest Activity

                            Collapse

                            • Mice in the flat - what to do?
                              JP23
                              We have had mice for a while now. There's only one or two that we see (we're not overrun) but still, they've left urine stains in our cupboard and behind the skirting it's ridiculously filthy and soiled.

                              Are we legally able to pay for a cleaner then subtract it from our rent next month...
                              26-07-2017, 06:02 AM
                            • Reply to Mice in the flat - what to do?
                              HantsAgent
                              Great, but you've entirely missed the point I was making.

                              If someone walked across my front garden and allowed their dog to take a massive dump I'd have more than reasonable grounds to hold them responsible for cleaning it up.

                              But if they refused or claimed that it wasn't down...
                              21-08-2017, 10:01 AM
                            • NTQ during fixed term?
                              vpltd
                              Hi,
                              Can a LL issue a valid NTQ during the six-month fixed term of an AST agreement?
                              (A residential let in England.)
                              VPL.
                              11-08-2017, 14:53 PM
                            • Reply to NTQ during fixed term?
                              jpkeates
                              Notice to quit is pretty well defined, "surrender" is not, so while that list looks complete, it is in fact not.

                              For a tenant to surrender a tenancy, there should be an offer of surrender and the landlord has to accept that offer.

                              If s21 notice is served and a tenant...
                              21-08-2017, 09:50 AM
                            • End of student tenancy
                              mkgirl
                              Hi

                              my Daughter shared a house last year with 4 strangers as she didn't get in to halls. It's been a bit of a nightmare as the 2 lads were very disrespectful with regards to cleanliness, having people over and paying towards bills. She came home a lot and i may came home for the summer as...
                              20-08-2017, 17:29 PM
                            • Reply to End of student tenancy
                              jpkeates
                              There's only (legally) one tenant in a joint tenancy ("who" is made up of the five occupants all of whom are liable for all of the obligations of the tenant), so yes, the badly maintaining students will be subsidised by the better behaved students.

                              The "Lead Tenant"...
                              21-08-2017, 09:17 AM
                            • Tenants reporting damp issues in flat
                              james99
                              Hi,

                              I rent out a modern / purpose built ground floor flat which I've owned for c15 years and lived in it myself up until the last few years when I have rented it out. Never had any issues with damp when I was living there or with past tenants, however, the current tenants have reported...
                              16-08-2017, 16:53 PM
                            • Reply to Tenants reporting damp issues in flat
                              leaseholder64
                              Most head leases for flats forbid drying within the grounds but outside the flat, so requiring drying outside the property means an extended dry in the laundrette, so you if you want to impose such a rule, you should probably ban washing machines as well.

                              (Where I live, a common breach...
                              21-08-2017, 09:16 AM
                            • Reply to NTQ during fixed term?
                              jjlandlord
                              The Act clearly states what a s.21 notice does, which is nothing apart from allowing the landlord to go to court.



                              I have just done so.

                              If a s.21 does nothing then the tenant may only end the tenancy by surrender or notice to quit. Both of which are very well documented...
                              21-08-2017, 09:08 AM
                            • Reply to End of student tenancy
                              mkgirl
                              Sadly all on one joint tenancy. We've learnt the hard way never to do this again! To be fair the lead tenant process was never explained, they just said someone had to be lead tenant!...
                              21-08-2017, 09:05 AM
                            Working...
                            X