Serving Tennants Notice few issues!

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

    Serving Tennants Notice few issues!

    Hi guys

    Ive been renting my property out through a LA for about 14 months so the tennancy agreement was on a 12 month fixed and has now moved over too a periodic.

    I went round and visited the property as was going to take tennants on as a direct rent cutting out the agency and putting them on a 6 month term.

    After speaking to the agents i would have to give them 3 months notice to take tennants on as in the agreement i signed with them.

    I told tennants this would be the case and that i would ask the agency to issue a new 6 month contract too them.

    After some news over the weekend my circumstances changed and have decided that i would need to move back into the property myself and issue the tennants with the 2 months notice.

    I called the LA on the monthly rental annervesary too issue the notice but they said the person who can do this is out of the office so i should drop an email to the tennants myself, I have done this and obviously the tennants are not happy about it.

    As i did tell them i would get a new contract sorted out but am now unable to do so and have issued them notice to leave in two month time.

    This is a snippet of the email they have sent:

    We feel disgruntled due to your lack of progress on arranging the next 6 months tenancy contract as if that had been in place then the sudden change of mind by the landlord could not have taken place and my family would be legally protected from this.

    We have sought Legal advice over the offer of 6 months tenancy agreement in writing (email) but then withdrawn before tenancy agreement signed, as to the validity of both a verbal contract and the written offer, as to their legal standing.

    We have asked for guarantee of Full and Immediate return of deposit upon completion of the tenancy in light of Mr Wards Email but Mr XX say his hands are tied by your administrative processes. However our experience of these processes are slow and cumbersome, and so we are looking for guarantees of speed of process and due to the works we have carried out and the recent inspection in June our deposit being returned in Full



    Now there are several issues with there deposit too.

    They have landscaped the garden i cant find any written permission for doing this and also half of the garden has been patio'ed i want this sorting out before they leave.

    Also the front garden has been changed and is not too my liking either.

    From how i have read it they just want there deposit back early.

    Any ideas on where they stand and how i stand as the LL would be great thanks.

    #2
    also after reading the tennancy agreement it looks like they are in breach on three counts these been

    Running a business from the property
    Pets having a cat and other animals
    Changes too the garden.


    Any advice greatly recieved.

    Comment


      #3
      Serve a sec 21 quick smart!

      That is the most important thing, as the side issues can be dealt with in the meantime, and to me, they aren't that important.
      Allow tenants to protect their own deposits. I want free money when they do it wrong

      Comment


        #4
        yeah the notice was served via email on the aniversary of moving in date

        Comment


          #5
          Originally posted by 44ark View Post
          yeah the notice was served via email on the aniversary of moving in date
          It's no good, serve it correctly.
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment


            #6
            ok so this would mean that there rental period would have past and would not be able to get possion of the property till october as there anniversary date would have past 13 of each month.

            They are on periodic but if they have breached the contract does this rule still applie ie i can serve notice tomorrow and they have to be out on the 15th Sept??

            Thanks

            Comment


              #7
              Originally posted by 44ark View Post
              ie i can serve notice tomorrow and they have to be out on the 15th Sept??
              What was the start date of the AST, (DD,MM,YY)?
              Is the deposit protected?

              Comment


                #8
                the start date was 13 may 2009 so the tennants are now on periodic and yes the deposit is protected.

                Comment


                  #9
                  Originally posted by 44ark View Post
                  the start date was 13 may 2009
                  If you serve an S21 notice tomorrow, it will expire "after 12 October". You have to give the tenant at least two months notice expiring at the end of a rental period. Your tenants rental periods are from the 13th to the 12th of each month.

                  Comment


                    #10
                    so the email notice will not surfice?

                    Comment


                      #11
                      Originally posted by 44ark View Post
                      so the email notice will not surfice?
                      No, unless it met the demands of s.21: see halfway down post #21 on http://www.landlordzone.co.uk/forums...ad.php?t=28889
                      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

                      Latest Activity

                      Collapse

                      Working...
                      X