end tenancy

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

    end tenancy

    hi all,

    I need some advice on this matter.

    My friend rents her old house to a family, they paid £300 bond when they signed tenancy agreement.

    The tennants have caused some damge to the property,,for example one of the windows is smashed but they are refusing to repair it as well as other damamged fixings. There tennancy lease runs out next month, but my friend does'nt want to renew it with them. The tennent who signed the agreement no longer lives there but his wife does yet DSS are still paying the rent from him.

    What does my friend need to do? Can she refuse to end the lease when it runs out? if so what proceedure does she need to follow. Can she hold the bond back and pay for the damages out of that, that THEY caused.

    Thanking you all in advance for your help.

    #2
    Has your friend considered issuing a notice to quit the property ??!!!!! it is very straight forward and a quick search of the site or googloe should help with this.

    Zoe

    Comment


      #3
      The rental agreement is probably an Assured Shorthold Tenancy and the correct notice to terminate the tenancy is a Notice Requiring Possession under section 21 of the Housing Act.

      If you search the forums here you will find useful information on how to issue and serve such a notice. Just under the blue toolbar there is a line of options in smaller print. If you click on "Agreements" it will take you to the notice that you can copy for your friend.
      Vic - wicked landlord
      Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
      Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

      Comment


        #4
        Oh dear! I can see a steep learning curve coming up here for your firend!

        He/She probably doesn't realise it but eviciting a HB claimant usually takes much longer than normal, as your friend will have to go to court and obtain a warrant of possession and then instruct bailiffs, all this after having served a S.21 (1)(b) Notice as it stands at the moment.

        Your friend should eb prepared for a 4/5 months wait for the whole process to complete.

        £300 is probably the monthly rent too? If so it indicates that the property might not be in a desirable area as it doesn't command a good rental value.
        The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

        Comment

        Latest Activity

        Collapse

        • Reply to Epc
          by mariner
          Not quite. The LL can apply to Court for Right of Access & ask Court to apply costs against T.
          29-03-2020, 02:10 AM
        • Epc
          by lavy
          Hi, Wondered if someone could clarify I have property with existing tenants in place long term and the epc has expired but was in force when they moved in . I am aware that it would need to be renewed if a new tenant was to move in . With the new rules coming into force soon must i get an epc done...
          11-02-2020, 12:28 PM
        • Reply to No EPC
          by mariner
          I think you need a valid EPC before the Property can be advertised for sale/rent, but not for an eviction.
          29-03-2020, 01:30 AM
        • No EPC
          by Onepropertypeter
          I have a single property which I have owned since 1998. I currently have had the same tennent for about 10 years. When she began the tennency there was no requirement to have an epc and I was unaware that I needed one! I have decided to sell the property as I am now 70 years old and want the capital....
          28-03-2020, 16:16 PM
        • Reply to Epc
          by flyingfreehold
          Not quite correct. If the tenant refuses upgrades, which is his/her right this is a ground to apply for exemption...
          28-03-2020, 22:15 PM
        • Reply to Asking for 35% off rent
          by AndrewDod
          This is not likely to be valid or easy employed. It does not sound like a deed. What witnesses were there? How many witnesses and who were they? Do you have proof of ID for the Guarantor and witnesses?

          But yes, they are most likely chancers using the law to try to diddle you.
          ...
          28-03-2020, 21:15 PM
        • Asking for 35% off rent
          by Lillylisa
          Hi. I am a fairly new landlord and I only own one property. About a month ago I reached out to my tenants asking if they were okay and if they wanted to get in contact with me please do. Three days later they contacted me to ask for a massive reduction in the rent asking for 35% off. I have no issues...
          28-03-2020, 16:20 PM
        • Reply to Asking for 35% off rent
          by Snorkerz
          Then unfortunately, you will have difficulty enforcing the guarantee (unless your guarantor is named as a tenant or the tenancy agreement is executed as a deed). The reason for that is because

          With your tenancy agreement
          • You give the tenants a tenancy, they give you rent (consideration)
          • Guarantor
          ...
          28-03-2020, 21:13 PM
        • Reply to Asking for 35% off rent
          by Lillylisa
          Ps I’m unable to edit the original. Sorry so long winded. I have a visual impairment & have to use voice dictation. It’s awful!...
          28-03-2020, 21:06 PM
        • Reply to Asking for 35% off rent
          by Lillylisa
          To be clear: the guarantor signed the contract which has a section called The Guarantor which clearly lays out his/her legal liabilities. In this case, he is liable for all the rent not just for his nephews. I’m sure they would not want this to fall to him. They have been very good tenants so far....
          28-03-2020, 21:02 PM
        Working...
        X