Tenants have signed a 12 month AST can I regain posession after 6 months?!

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    Tenants have signed a 12 month AST can I regain posession after 6 months?!

    Hello all

    I am a newbie, so go easy on me please! ;-) By the way I did do a search for this but can't seem to find anything so here we go...

    I have recently let a flat on a 12 month AST to a couple of female teachers who were as nice as pie when they came round to view. I carried out all of the necessary credit checks and place the deposit with the DPS. Since then the tenants have been a complete nightmare, ringing up every five minutes to complain about various issues including a battery which needed replacing in their car park remote fob to a key that became bent when they forced the lock.

    Initially there were some problems in that some minor repairs were needed e.g. loose door knob, expired light bulb etc. These were all resolved swiftly without any delay. The biggest issue affecting the tenants was when the hot water went and the plumber didn't have the part and therefore had to order it which took a week. All in all they didn't have hot water for two weeks which I know is a pain but as a gesture of good will the landlord allowed them to live there rent free until the matter was resolved.

    Most recently, the tenants have been complaining about letters arriving in the landlords name which I asked them to forward to me as per their tenancy agreement. The long and short of it is that they didn't and as a consequence they started to receive letters from baliffs/ courts. If they had passed the letters to me I would have been able to resolve the matter but instead of doing so they have blamed me for my failure to collect the letters even though it was agreed on two occasions that they would post them to me. They have also stated they will report me, for what reason I do not know as I have dealt with every issue professionally and promptly (IMO).

    After all of the above the landlord has decided he has had enough. Whilst they have paid the rent on time each month he is fed up with their constant complaining and bickering.

    As of today, they have been in occupation for a total of four months and as I understand a section 21 notice can be served after a minimum period of 6 months occupation. Does this mean I can serve the notice to take effect next month, which means after the initial two months notice period it will be valid as they have been there a total of 7 months. Also can someone confirm that I don'thave to wait the whole year before a notice is served.

    I would really appreciate any comments or thoughts as this situation is really stressing me out.

    Thanks

    #2
    Are you L or not?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      You can serve a section 21 notice at any time providing the deposit has been protected and the tenancy agreement signed. It can not take effect until
      • 6 months,
      • any break clause
      • the end of the fixed term
      - whichever is the later. So, unless there is a break clause you are stuck with them until 12 months.

      Comment


        #4
        Originally posted by jeffrey View Post
        Are you L or not?
        No I am not the Landlord, I act on their behalf i.e. agent

        Comment


          #5
          Originally posted by Snorkerz View Post
          You can serve a section 21 notice at any time providing the deposit has been protected and the tenancy agreement signed. It can not take effect until
          • 6 months,
          • any break clause
          • the end of the fixed term
          - whichever is the later. So, unless there is a break clause you are stuck with them until 12 months.
          The deposit has been protected and the AST does not contain any such break clause. I thought that the minimum period of six months was the only requirement. Surely if the landlord wanted the property back after six months are they not entitled to it by serving a S.21?

          Comment


            #6
            Originally posted by MasonYoung View Post
            The deposit has been protected and the AST does not contain any such break clause. I thought that the minimum period of six months was the only requirement. Surely if the landlord wanted the property back after six months are they not entitled to it by serving a S.21?
            No. If L let for twelve months, that's how long the letting will run.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


              #7
              Originally posted by MasonYoung View Post
              Surely if the landlord wanted the property back after six months are they not entitled to it by serving a S.21?
              If the landlord wanted the property back after six months, then a six months contract should have been given in the first place.

              Comment


                #8
                Originally posted by MasonYoung View Post
                Most recently, the tenants have been complaining about letters arriving in the landlords name which I asked them to forward to me as per their tenancy agreement. You can't enforce this as the L should have made sure all post was redirected

                After all of the above the landlord has decided he has had enough. Whilst they have paid the rent on time each month he is fed up with their constant complaining and bickering. Maybe it's justified as the management is not up to speed!

                As of today, they have been in occupation for a total of four months and as I understand a section 21 notice can be served after a minimum period of 6 months occupation. Does this mean I can serve the notice to take effect next month, which means after the initial two months notice period it will be valid as they have been there a total of 7 months. Also can someone confirm that I don't have to wait the whole year before a notice is served.
                1. I'm surprised you are acting as an agent as you are a bit naiive; I don't mean to be critical but you are taking on a lot with insufficient knowledge it appears.
                2. You can't just serve Notice on tenants after 6 months unless there is a valid break clause that is bilateral.
                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


                  #9
                  if its 12 months then its 12 months

                  Comment


                    #10
                    this why most people only start with 6 months contratcs then rolling

                    Comment


                      #11
                      Originally posted by Paul_f View Post
                      1. I'm surprised you are acting as an agent as you are a bit naiive; I don't mean to be critical but you are taking on a lot with insufficient knowledge it appears.
                      2. You can't just serve Notice on tenants after 6 months unless there is a valid break clause that is bilateral.
                      Paul, like my old man told me, if you have nothing positive to add, it's better not to say anything at all!

                      I didn't state I was an expert in these matters hence why I asked for the initial advice - there is no need to judge me or my management just because you may consider yourself to be an "expert" in this area.

                      It's no wonder newbie's don't post here if all they get is critiscism from people like you.

                      Thanks to everyone else for their help.

                      Comment


                        #12
                        Originally posted by MasonYoung View Post
                        Paul, like my old man told me, if you have nothing positive to add, it's better not to say anything at all!

                        I didn't state I was an expert in these matters hence why I asked for the initial advice - there is no need to judge me or my management just because you may consider yourself to be an "expert" in this area.

                        It's no wonder newbie's don't post here if all they get is critiscism from people like you.

                        Thanks to everyone else for their help.
                        Mason, Mason, Mason.

                        Newbies often post here, landlords, tenants, even the occassional agent.

                        The problem is, as predominantly landlords, we expect someone who we pay good money to (an agent) to know what the heck they are doing. Your question was extremely basic and a large percentage of the non-letting-agent population would have realised that if you issue a contract for 12 months, the words '12 months' are pretty critical. Newbie landlods will come to you, expecting expertise. Why else wold they use your service? And you are not going to provide it are you?

                        See if you can find the early posts by TheSaint. He is an agent, still no expert, and he suffered like you have. However, he has stayed, and learned. He also has some areas of expertise (from a previous career?) that he does bring to the forum.

                        You see, a forum is give and take. You can't come on here and ask ask ask, then get your knickers in a knot because someone asks why you don't know this in your position. Sure, newbies are welcome, but we hope thay will stay and become old-foggies like me and Paul_F who can actually contribute something worthwhile to the community.

                        Rant over

                        Comment


                          #13
                          Originally posted by Snorkerz View Post
                          Mason, Mason, Mason.

                          Newbies often post here, landlords, tenants, even the occassional agent.

                          The problem is, as predominantly landlords, we expect someone who we pay good money to (an agent) to know what the heck they are doing. Your question was extremely basic and a large percentage of the non-letting-agent population would have realised that if you issue a contract for 12 months, the words '12 months' are pretty critical. Newbie landlods will come to you, expecting expertise. Why else wold they use your service? And you are not going to provide it are you?

                          See if you can find the early posts by TheSaint. He is an agent, still no expert, and he suffered like you have. However, he has stayed, and learned. He also has some areas of expertise (from a previous career?) that he does bring to the forum.

                          You see, a forum is give and take. You can't come on here and ask ask ask, then get your knickers in a knot because someone asks why you don't know this in your position. Sure, newbies are welcome, but we hope thay will stay and become old-foggies like me and Paul_F who can actually contribute something worthwhile to the community.

                          Rant over
                          Hi Snokerz

                          Thanks for your post. I understand fully where you are coming from and profess not to being an expert in residential lettings. In all honesty, I am a commercial surveyor and took this property on as a favour for a landlord thinking it would be much easier than a commercial letting to deal with, boy was I wrong!!

                          Maybe I am a tad sensitive and don't take critiscism well but I do speak my mind, if I don't like something, I will say it.

                          In future I will try my best not to get too wound up but it will be hard

                          Comment


                            #14
                            Originally posted by MasonYoung View Post
                            but I do speak my mind, if I don't like something, I will say it.
                            Me too!
                            ======

                            Comment


                              #15
                              Originally posted by MasonYoung View Post
                              In all honesty, I am a commercial surveyor and took this property on as a favour for a landlord thinking it would be much easier than a commercial letting to deal with, boy was I wrong!!
                              Now that you have found us here, keep reading the forums and you will learn an awful lot.

                              Comment

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