Landlord query ref. end of lease period

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  • #16
    Originally posted by NewbieLandlady View Post
    How could they take in a lodger when there's a no sub-letting clause?
    A lodger is generally not given exclusive possession of his room so it is not subletting. In any case, even if the T breaches a term prohibiting lodgers, there is little a LL could do about it other than to apply for possession.

    Sorry but I either want them to just either sign the new lease and be done with it, as they want, with the new person
    You can't grant a new tenancy before the existing one has ended. If A+B+C+D and you were to sign a Deed of Surrender, then you'd be free to grant a new tenancy. http://www.tenancyservices.co.uk/pro...d-of-surrender

    ...and then serve them notice at the beginning of the new lease (as I know can be done!) so that they HAVE to move out at the end of the 6 month period
    You're still not getting it.

    I repeat, the only way you can unilaterally end a tenancy is by serving valid notice, applying for a possession order, and getting a court bailiff to execute the order.

    A s.21 notice is not a notice to quit, and does not end the tenancy nor oblige the T to vacate. Serving notice does NOT mean that the tenant HAS to move out.

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    • #17
      Originally posted by NewbieLandlady View Post
      I'm so getting an agency to deal with the bs that I've put up with over the past months in future...
      An agent is not a guaranteed solution. Agents can set up with no qualifications whatsoever, and the only way that you can monitor whether an agent is doing his job properly is to know more than the agent.

      I use an ARLA member agent, well-established firm, for tenant-find only, and I frequently find they mess up in terms of legalities. I wouldn't dream of passing on management of a rental property to an agent.

      As LL, you are the legally liable party. You are the one who the T claims against in the event of failing to comply with legalities etc. Do you really want to place yourself at the mercy of a completely unqualified agent?

      Buy a book or two on landlord/tenant law, e.g. http://www.amazon.co.uk/The-Complete...0416563&sr=8-1

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      • #18
        Thanks all for your help. Lack of sleep doesn't help my brain get things in the right place BUT I do "get" it now.

        Again, stupid questions will stop very soon. It doesn't help that my tenants seem to not know what's in their lease and I have to keep quoting and commenting on what each bit means as if they were infants.

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        • #19
          Originally posted by NewbieLandlady View Post
          Thanks all for your help. Lack of sleep doesn't help my brain get things in the right place BUT I do "get" it now.

          Again, stupid questions will stop very soon. It doesn't help that my tenants seem to not know what's in their lease and I have to keep quoting and commenting on what each bit means as if they were infants.
          Nor do you seem to understand the implicit legalities of the Lease you are attempting to explain. The clue may be in your screen name. A case of the blind leading the blind?
          Anyway it is past midnight so the die is cast.

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