Contract ends 10th January 2012

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  • Contract ends 10th January 2012

    I have tenants on a contract that ends 8th January 2012.

    I am just about to notify them in writing, that as of this date they will need to move out.

    Do I just word them a letter as such, or is there a specific template that I would need to use ?
    Usually I extend contracts but this tenant has been a nuisance throughout.

    Many thanks.

  • #2
    Your tenants are free to move out if they wish on the last day of their contract, however you will have to give them a minimum of 2 months notice via a S21 (1)(b) if you want them to leave.

    That is a 'no fault' notice and it means that if they do not move out you will be able to ask for a court date to get a possession order.

    In order for it to be valid you must have protected their deposit in one of the schemes and sent them the 'prescribed information.

    There are thousands of threads here about this so use the search facility to learn more. 'sword of damocles' is the search term.
    I offer no guarantee that anything I say is correct. wysiwyg


    • #3
      You can't.

      By law you must give 2 months notice so to give notice now you cannot ask them to leave until march... and then you may have to go to court...
      GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

      Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!


      • #4
        I agree with the other posters, and as you are not a 'newbie' landlord your lack of knowledge about this relatively mainstream issue is worrying.

        This may help but if you want to let us now 'how' they have been a nuisance we may be able to advise if section 8 is more appropriate.


        • #5
          But just before you pop the notice in the post, do give them quick call and casually mention "contractual period end on 10th Jan, do you have any plans, do you want to renew or are you moving out?

          It might solve itself, but sending a notice is usually advisable to protect your position if the answer is not a simple oh yes we want to stay until July..
          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.


          • #6
            If the tenant is really that much of a nuisance you should send a section 21 notice now but as has been mentioned you will need to give them two months' notice, which means the notice won't even expire until February. Note that the tenancy does not end and the tenant is not obliged to move out until execution of a possession order by a court. This could take several more months.

            I would also recommend serving a section 13 notice to unilaterally increase the rent for the period commencing immediately after the fixed term ends. If the tenant remains in the property this at least gives you more money. Any increase using this method must be reasonable so stick to RPI inflation.

            The above represents my own opinion, derived from personal knowledge and should not be relied upon as definitive or accurate advice. It is offered free of charge and may contain errors or omissions or be an inaccurate opinion of the law. I accept no liability for any loss or damage suffered as a result of relying on the above.


            • #7
              Can OP confirm this is T with residential AST currently in fixed term?
              In what way has T been a 'nuiisance?
              Approx location of property?


              • #8
                OP, do you have more than 1 property? Reason I ask is that in this post:


                You had tenants moving out end Sept/beginning October, but the tenants referred to here have an agreement ending January. If this is the same property, that is only 4 months?

                To clarify your position on these tenants and giving notice, please confirm the following:

                Start of tenancy - exact date?
                End of fixed term?
                Is property in England/Wales?
                Was a deposit taken? Is it protected in scheme?
                Is any rent owing? If so how many months/weeks?
                What is a nature of the nuisance the tenants have caused? - This has a bearing on what notice and grounds for notice you can give.

                As stated above, LLs need to give minimum of 2 months notice for tenants to leave. Even if the contract ends in January, this does not end the right of the tenants to legally remain there. They can leave on or before the last day of the contract (so long as all rent is paid), without actually giving you any notice, but as the 2 month period required has passed, you cannot get them to leave then if they choose to stay.

                Even if you do give them 2 months notice, this also does not legally end the tenancy. The only way you can get possession of the property if the tenants do not leave willingly, would be a court possession order. You would be looking at February before the notice period ends, then perhaps 6-8 weeks on top awaiting the court decision.

                It is important that the notice you issue is correct in its content and dates, as if you do need to resort to court assistance, they will throw out the case if the dates are wrong. If you answer the questions above, members here will be able to confirm exactly which notice is needed and how to word it correctly to help you.

                Incidentally, I notice you have been a member here for some time. I appreciate you mention you have never had to give notice before, but there is a plethora to good information here about how to do this, so I am surprised you have not familiarised yourself with the procedures before now! To be an effective and efficient landlord, it is always wise to research all aspects of letting, and that includes how to get your property back when you want/need to. Whilst you are always welcome to ask questions, how to give notice is something you should perhaps have read up on before you got to this point.


                • #9

                  Thank you all for your replies, appreciated.

                  Lesley Anne, yes I have more than one property.

                  We all have to learn somewhere which is why websites such as Landlord Zone is so popular for many of us.


                  • #10
                    Originally posted by lilpiggy View Post
                    Thank you all for your replies, appreciated.

                    Lesley Anne, yes I have more than one property.

                    We all have to learn somewhere which is why websites such as Landlord Zone is so popular for many of us.
                    So are you going to answer any of the questions in the replies above, so we can help you sort out this situation correctly?


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