Tenant issuing notice by text

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    Tenant issuing notice by text

    Hi,

    My tenant has just sent me a text from her mobile phone saying that she is looking for somewhere else to live at the end of her Assured Shorthold tenancy. Due to the tenancy stating that she must give one month written notice, i contacted the tenant and asked if she could put this in writing, however she has refused saying that the text is enough and she would class that as her written notice.

    My problem is that i don't want to go with her text and get another tenant to move in, only to find out that the tenant has decided to stay on after the tenancy agreement finishes. Also if i do not find another tenant and she does leave at the end of the tenancy, then i will be without a tenant in the property.

    Can you please advise me on what to do?

    Thanks

    #2
    You could offer to produce the notice to quit for her, and get her to sign it, if she refuses that then I would be wary of her intentions.
    I also post as Moderator2 when moderating

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      #3
      Thank you for your reply, as that is a good idea

      Comment


        #4
        Using text is as natural to many as writing a letter, or making a call were in the past.
        But as then, be skeptical and write to her, even deliver a copy by hand.

        1: Confirming text as notice the date of vacation.
        2: Send a copy of the inventory and your check out procedures, that you require it clean etc cancel the electric and put in my name contact council tax and change name, and confirm that this is done.
        3: If your tenancy agreement allows, arrange a letting agent/ advertise and start doing veiwings.
        If she is going to be difficult, this will force the issue.

        Your concern over "the will she go will it be left empty" are no different to the normal concerns.

        Does your phone have software to connect it to your pc? If so print the text out and if you can send a text version of the above.
        Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

        Comment


          #5
          Unfortunately, you have to accept that, like many other people, tenants these days lack the skills to write letters and in any case the stamp costs a lot of money. If a tenant gives you notice, then he/she will vacate your premises on (or before) the date given - if things work out according to his/her plans. However, if such plans go wrong which is quite possible, then this tenant has an absolute right to remain in your property until his/her new accommodation is available. Unfortunately this is the way the law works. You can only ensure that your tenant eventually leaves by serving a section 21 notice. This requires you to give at least two months notice, and if the tenant still doesn't go it may well take a further month or two to get vacant possesion via bailiffs.
          So I suggest you accept the text message as "written" notice, request permission to facilitate viewings for new potential tenants and point out to a suitable one that this is subject to your existing tenant moving out when promised. DO NOT sign a new AST untill your existing tenant has vacated and returned the keys to you.

          P.P.
          Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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            #6
            Thank you for both your replys leaseholdanswers and P.Pilcher, i will put a letter together and hand deliver it to her and also i will start to view the property to other tenants.

            Comment


              #7
              Originally posted by Philo33 View Post
              Hi,

              My tenant has just sent me a text from her mobile phone saying that she is looking for somewhere else to live at the end of her Assured Shorthold tenancy.
              As theres no obligation on her to give you any kind of notice to end the tenancy (she could just move out on the last day), you dont have a strong case to insist on written notice.

              Comment


                #8
                Originally posted by Planner View Post
                As theres no obligation on her to give you any kind of notice to end the tenancy (she could just move out on the last day), you dont have a strong case to insist on written notice.
                Also worth remembering that she has no obligation to allow you to show the flat to prospective tenants whilst she still has exclusive occupation rights.

                Comment

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