Giving a tenant notice in good faith

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    Giving a tenant notice in good faith

    It is with regret that I need to end the residential tenancy with my tenant as I wish to move into the property myself due to personal circumstances.

    The tenant is on a Fixed Term Extension that ends in September, it has been agreed that notice is two months from either party.

    The tenant has done nothing wrong and has in fact been the perfect tenant.

    Does anyone know if there is a specific notice that I need to send to my tenant or does anyone have a template?

    Not sure about Section 21 as it mentions court etc and that is not applicable in this case.

    Thanks

    #2
    "Not sure about Section 21 as it mentions court etc and that is not applicable in this case."
    The only way for LL to evict T is with Court order unless T gives due Notice, term date is last day of fixed term or break clause window or if mutual Deed of Surrender is is signed by both parties
    Why is s21 not applicable?

    Comment


      #3
      Hi,

      Thanks for your reply.

      I meant that I didn't know if or think that court action in this case would be necessary, sorry that was a bit misleading.

      The tenant is already aware of my situation and e-mailed me a few months ago asking me if I wanted him to move out so that I could move back in, so I am sure that giving him notice would not cause any problems at all. I just wanted to do it in the nicest way possible.

      Comment


        #4
        Originally posted by Nikki99 View Post
        The tenant is already aware of my situation and e-mailed me a few months ago asking me if I wanted him to move out so that I could move back in, so I am sure that giving him notice would not cause any problems at all. I just wanted to do it in the nicest way possible.
        You can be all 'nice' and do it informally, but if something goes wrong with your plan and the tenant decides not to go when he says he will, then you'll be in a mess: you'll then need to do it properly and serve an S21 notice which will have lost you at least 2 months.

        The Section 21 notice is exactly the right way to do it in these circumstances - the whole point of it is that it's used for 'no-fault' repossession like this. No other 'template' exists - if you aren't going to serve one you may as well just agree a move-out date verbally for all the use it wil be.

        If you're going to serve an S21, do make sure you get it right (it's very easy to mess up) - suggest you provide all relevant dates etc here if in any doubt.

        Comment


          #5
          Include a covering letter along with the S21 where you can word it nicely.

          Also I strongly recommend that you run through the dates with the knowledgeable bods here. If you are even 1 day wrong or don't use the correct terminology it will invalid. Any deposit received needs to be protected in a scheme and that scheme's prescribed information given to tenant prior to any service of the S21.
          I'm a good tenant with great landlords
          I'm also a living, breathing, fully cooked female.

          Comment


            #6
            Originally posted by Brb View Post
            Include a covering letter along with the S21 where you can word it nicely.
            Actually, advice I've read on this forum in the past from the Legal Eagles is actually not to provide a covering letter, for fear of the possibility that its contents may indavertently invalidate the S21 itself.

            Comment


              #7
              Originally posted by Ericthelobster View Post
              Actually, advice I've read on this forum in the past from the Legal Eagles is actually not to provide a covering letter, for fear of the possibility that its contents may indavertently invalidate the S21 itself.
              That is true, but there is nothing to stop the s21 taking the form of a letter anyway - there being no prescribed template - so it could be:

              Dear tenant

              It is with regret that I inform you that under section 21 of the 1988 Housing Act, I am seeking possession of the property known as 123 High Street, London after the 30th February 2012. . .

              Comment


                #8
                Originally posted by Ericthelobster View Post
                Actually, advice I've read on this forum in the past from the Legal Eagles is actually not to provide a covering letter, for fear of the possibility that its contents may indavertently invalidate the S21 itself.
                Hi Ms Nice T,

                Sorry that the S21 is so formal, but I'm told it's necessary.

                I would be grateful if you could let me know when it would be convenient for us to meet at the property for a final inspection, so that we can arrange the return of your deposit (less damage beyond fair wear and tear).

                I wish you all the best in the future and please do not hesitate to ask me for a landlord reference.

                Kind regards,

                Mr LL

                I don't think anything in above would invalid a S21 ?

                Actually I've only ever received a "proper" S21 notice once and even then that was invalid (served before tenancy started as stapled to back of AST). All the other times it's been a letter asking me to move by x date and really sorry but they a) gotten their gf up the duff and needed house or b) parents want to emigrate here so need to give them house or c) need to sell. Yes I know my rights but I tend to not beat LLs over the head with them for getting paperwork wrong.

                (I later became neighbours with reason b when I moved back to the road a couple of years later, lovely couple we got on well, lost them to reason c).
                I'm a good tenant with great landlords
                I'm also a living, breathing, fully cooked female.

                Comment


                  #9
                  Originally posted by Brb View Post
                  All the other times it's been a letter asking me to move by x date and really sorry but they a) gotten their gf up the duff and needed house or b) parents want to emigrate here so need to give them house or c) need to sell.
                  They could possibly have still conformed with the requirements of section 21 (especially s21(1)(b)) - see my post above.

                  Comment


                    #10
                    Brb. s21 is only a Notice to seek reposession so any covering letter should not assume Ts compliance to move on expiry date IMO

                    " Dear T
                    I am required by Law to serve the attached Notice to seek reposession of my property. It does not imply any fault on your part. If you wish to accept the proposed expiry date (2 months hence) to terminate the T, I will arrange for a move out inspection on that date and provide a LL ref if reqd"

                    Comment


                      #11
                      I'd suggest a conversation well in advance, which seems to be what you have done if it is September 2012 as implied in OP.

                      The most valuable things T are probably time and flexibility, and I think there's nothing stopping you serving it 4 6 or 8 months in advance.

                      Perhaps you need to think about what happens if you do an S21 for next September, then T moves out in say March.

                      ML
                      Refer Mad Regulators to Arkell vs Pressdram.

                      Comment


                        #12
                        Originally posted by Snorkerz View Post
                        They could possibly have still conformed with the requirements of section 21 (especially s21(1)(b)) - see my post above.
                        No they didn't mention S21 etc (which is why I indicated they were wrong).

                        Wee bit disappointed that you didn't think that I knew that LOL but I'll forgive you for the sake of clarity.
                        I'm a good tenant with great landlords
                        I'm also a living, breathing, fully cooked female.

                        Comment


                          #13
                          Originally posted by Brb View Post
                          No they didn't mention S21 etc (which is why I indicated they were wrong).

                          Wee bit disappointed that you didn't think that I knew that LOL but I'll forgive you for the sake of clarity.
                          s21(1)(b) doesn't have to mention section 21, it also doesn't state the need for an expiry date.

                          "Dear BRB

                          I'm really sorry, my daughter is expecting another baby and I need to repossess the property for her

                          Yours, Friendly landlord."

                          That would allow the landlord to apply to the court 2 months later (or at the end of the tenancy if later). It complies fully with s21(1)(b) but I do accept that a judge would need some convincing of the fact.

                          I totally respect your comments and knowledge - but thought these occurrences may have been before your discoveries.

                          Comment


                            #14
                            I know the usual wisdom is that a s21(1)(b) notice does not require an expiry date, but I don't see how a landlord could give "the tenant not less than two months’ notice stating that he requires possession of the dwelling-house" if his notice does not say when possession is required.

                            Comment


                              #15
                              Originally posted by Snorkerz View Post
                              s21(1)(b) doesn't have to mention section 21, it also doesn't state the need for an expiry date.

                              "Dear BRB

                              I'm really sorry, my daughter is expecting another baby and I need to repossess the property for her

                              Yours, Friendly landlord."

                              That would allow the landlord to apply to the court 2 months later (or at the end of the tenancy if later). It complies fully with s21(1)(b) but I do accept that a judge would need some convincing of the fact.

                              I totally respect your comments and knowledge - but thought these occurrences may have been before your discoveries.
                              Well yes isn't my face red now! I honestly didn't think what I'd received in past was valid! (although I was always a good girl and moved on). Reason C simply put

                              Dear (my first name), Really sorry and it's not your fault but we're selling up and you need to give us vacant possession on or by xx/02/09.

                              They didn't even sign it (only since coming on here did I (strangely) find out that it doesn't even need to be signed. IMO could have come from anyone for all I knew).

                              Am actually embarrassed LMAO but always happy to be corrected as always
                              I'm a good tenant with great landlords
                              I'm also a living, breathing, fully cooked female.

                              Comment

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