help please!!

[roymoz]

hi all. brand new on here & pretty much no experience of renting, so bear with me please? I moved out of my property in april 12' as I wanted to be nearer my daughter. things didn't work out for me & I moved back to lancs from kent. in the meantime I rented out my house to 2 'mates'. now, a few week back, I told them I wanted to move back into my house as i'm struggling a bit financially. I made no money whatsoever from this & it was never my intention to. they moved out this weekend-22/23 june. I got a txt off him on the thurs-20th, to say they were moving and they'd sort keys out etc. she then txts me Friday morning to say basically they'd move in there own time & that they were paid up with me til 30th june.ok I get that, but I informed my landlord of my plans after the Thursday txt. now i'm in limbo cos I know they moved out but fear thwy'll keep the keys til sunday. i'm looking at moving in on the 29th & have made plans etc upon what I was told. what can I do in this situation? I understand they are paid up til 30th but they are just messing me around. any advice is kindly appreciated,roy.

[roymoz]

sorry, forgot to add they are pestering for money they've spent on the house in the form of decorating 2 bedrooms. also they moved in without a deposit or a bond. well, I did say I was inexperienced!

[Ericthelobster]

From the limited information you've provided, it sounds to me that your 'mates' have a bona fide tenancy (regardless of whether there's anything in writing), and that if they decide to dig their heels in it will potentially take you months to get them out via legal means.

Don't make the mistake of thinking that because it's been done informally; and that 'you aren't making any money out of it' that you are any less of a landlord than the guys who own dozens of properties and make a living from it; it's just the same.

[roymoz]

they've moved out already but know I want to move on the 29th mate. they are just being arsey I think. they've been very nasty over it all!

[LesleyAnne]

And you asking them "a few weeks back" to move out was not legal notice under housing law.

To end the tenancy, you would have to give them 2 month's formal written notice, and once this ends, apply to court to evict them - maybe another 4-6 weeks on top. I think you have got off lightly as they have accepted your unofficial and totally random request to leave, and now making you wait an extra day.

Think yourself lucky they have actually gone and don't push them into finding out that they had no need to leave yet, whilst they still have your keys, otherwise they can drag this out for months and there is absolutely nothing you can do about it.

Doss with a mate at the weekend and hope they don't find out you've done this all wrong and the law is on their side here.

[theartfullodger]

Nasty?


'snuffink compared to what they could do: Which is force you to evict through the courts - probably take till November.

Ah, you'd force your way in & change the locks? That'll be harassment & illegal eviction - Criminal offence, maybe criminal record then large compo civil case.

Not sure you appreciate the seriousness & dangers of your position.

They could be viewing this thread.

Cheers!

[roymoz]

I actually gave them 12 months notice! I can't see what I've done wrong here!! they have moved already but are keeping hold of the keys just to annoy me I think. I've not hassled them in any way at all. blimey, i'm only asking if theres owt I could do.

[roymoz]

yes. nasty, to say we know each other! I've saved all the txt's. nobody I've casually spoken to backs them up.

[Ericthelobster]

i'm only asking if theres owt I could do.

Don't shoot the messenger - there isn't anything direct you can do, end of.

There has to be some reason why they are doing this, incidentally; I've never had anything like this happen to me with 'ordinary' tenants, never mind friends (not that I'd ever rent to a friend, it has to be said...). If you genuinely have no idea what their beef is, then find out and possibly you could put things right and back on an even keel?

[mariner]

roymoz perhaps the others are being hard because we see so many accidental LLs, or those who rent to friends, who haven't a clue about LL&T law pitfalls.
What was said in 'informal' agreement about length of fixed term - 12 months?
I doubt you served legal Notice 12 months ago, you did not know then that Kent would not work out.
You might have said 'you can stay for a year' (fixed term) or poss 'we will take it month to month' I month fixed term.
Is rent due on first of month?
Also I bet you failed to provide GSC at start.
Did they ask your permission to redecorate?
Did they they pay a deposit?

The simplest option is to ask them to meet you on the 30th and get them to sign a mutual Deed of Surrender dated 30 June, after handing back the keys. You can then legally re-enter your property.
For the 29th doss on a mate's floor, stay in a Travelodge, sleep in the vehicle.

[Berlingogirl]

I agree with mariner.

And BE NICE to them or they'll get even more 'arsey'.

[LesleyAnne]

Whether you "said" 12 month ago it was only a 12 month deal or not, you need to give formal, correctly worded and legal notice - not just ask them to move out. Tenants hold all the cards here if the landlord does not comply with the law and I am afraid you haven't. Even if you consider this was an informal "mates" agreement, in law you have provided accommodation for which the mates have paid rent, so therefore, by default, a tenancy exists and you have to abide by the rules to end it - anything less can be deemed illegal eviction, with a court case and hefty fine against you, possibly even a prison sentence. If the mates don't understand their rights and your obligations, so have been generous enough to move out, so much the better!

Its only an extra day - although I won't hold my breath until you actually get your keys back, as that could be a whole other story if your tenants find out in the meantime that they need not have left any time soon ...

[roymoz]

thankyou to you all for taking the time to reply here. I don't mean to upset anyone in any way. i'm not like that. I gave them permission to decorate.they moved in without a deposit,something that was brought to my attention after,nor paid a bond. I gave them 12 months notice 3 or 4 weeks ago just as a kind gesture.it was they who had the tenancy agreement drawn up as they said they would. I hav'nt hassled them in anyway. all this boils down to is the fact we know each other. I don't like to mess people around cos I don't like it either. thanks again to you all for your time. apologies.

[fletchj]

I gave them 12 months notice 3 or 4 weeks ago just as a kind gesture.

?? This states that you don't want them to move out for another 11 months? Surely that's not what you mean. 12 months notice lasts, err, 12 months. I think you mean that you gave them 1 months notice a few weeks ago. As stated, fine if the move out, but unenforceable. You need to to give them a proper S21 giving 2 months notice ending on the right date.

[roymoz]

I told them they could stay for 12 months as we knew each other & thought I was being decent??!! if they'd of stayed there for 12 months then fine. i'm a man of my word. like I've said they have moved out- last weekend. why are they keeping the keys when I was informed, via txt, that i'd have the keys on sunday??.