Tricky situation?

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    #31
    Originally posted by Edii View Post
    Am I correct in saying that if the tenant wants to end the tenancy by giving me one weeks notice and I am in agreement with this then four weeks notice is not needed and a letter giving me one weeks notice is legally binding if we are both in agreement and both sign it?

    Is the four weeks notice set in stone?
    Originally posted by Snorkerz View Post
    if the tenants gave you 1 days notice, you are free to waive the 4-week rule and accept the notice.
    ..........

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      #32
      Originally posted by Edii View Post
      Is the four weeks notice set in stone?
      As Snorkerz says, you and T are free to agree a shorter notice period.

      However, if you and T were not willing to come to a mutual agreement the rules for a tenant's notice in a periodic tenancy are that the T must give at least four weeks if rent is payable weekly, and at least one (calendar) month if rent is payable monthly. In either case, the notice must also expire at the end of a tenancy period.

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        #33
        Thanks.

        Would an email from the tenant suffice or would it have to be a signed letter?

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          #34
          It is all about what protection you want from subsequent allegations of illegal eviction.

          I started off suggesting a deed - thet is all but watertight, especially if witnessed by a solicitor.
          It has been downgraded to a notice letter (which it could be argued was given under duress) and now
          down to an email - which could come from anyone - even I could set up a free email account ediis-tenant@hotmail.com.

          Protect yourself.

          The tenant is being released from an obligation to pay rent, the least they can do is fill out a simple form or post a basic letter.

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            #35
            That's great thanks.

            So allowing tenants to rent out a room in a flat that they have an assured shorthold tenancy agreement on is fraught with danger, the danger being when the main tenants decide to leave.

            If a tenant has rented a room out and subsequently gives me a letter giving me four weeks notice and then moves out leaving their sub tenants behind I have to go through the procedure of evicting these sub-tenants the same as I would have to evict the main tenants.

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              #36
              If you had evicted tenants, then the bailiffs would remove your tenants and their lodgers.
              If your tenants gave notice but lodgers failed to leave on the final day, then either tenant remains liable because they haven't given you vacant possession, or you can evict lodgers as trespassers (relatively quick process).

              Your situation is non-standard because there is no resident landlord, so the lodgers became tenants.

              The world of landlording operates in two dimensions. There is the strict law, which is what I am telling you about because it would be reckless of me to advise anything else, but there is the real world too - see post 12, where backs are scratched, corners cut and deals made. The occupants of the 'real world' usually trundle along just fine, but once in a while they may get their fingers burned.

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                #37
                Fantastic advise and much appreciated.

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                  #38
                  Alternatively I could give them some money and ask them to leave, maybe £300.

                  The good thing is I am going over this weekend to lay a new floor in the front/spare room.
                  This will give me the opportunity to get to know them much better.
                  Two days work with just me and them together in the flat.

                  I'm buying a Bulgarian dictionary.....

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