Indecisive tenants- going? staying? Serve s.21?

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  • PaulF
    replied
    Mmm....................
    Originally posted by daisy View Post
    HI all

    going back to my disjointed thread - 2 tenants on joint AST, now periodic, one rang to give notice (4 March) while other away, I waited until other returned to ascertain intentions then wrote and explained law ie full months notice to end on 30 of month, as tenancy start date 31 of month, and need to put notice in writing. Whilst strictly speaking the Notice should be in writing unless the tenant was informed as to how they should serve Notice then you will have to accept an oral Notice, and what's more if you didn't tell them it has to end at the end of a rental period then it would be a decent defence by a tenant to serve a month's Notice which would end after a month! Notice from any one tenant automatically ends the tenancy at the end of the Notice period. If the tenancy rental period is monthly from 31st month (last day?) - 1st month then the Notice served on 4 March should not be valid until after 30 April (but see my earlier point).

    First tenant says he is moving out on 1 April as he thought he had given adequate notice. I have his deposit, so won't be out of pocket if I just keep that, and will be within the law, but I don't want to piss him off in case he does anything to the house. Er....you might not strictly speaking be within the law (my previous point again)

    Second tenant has said he will stay and do new contract with girlfriend, but first tenant says he thinks they can't afford this, so of course i will want credit check. I am going on holiday on Saturday for 2 weeks!!!!

    Should I issue an S21 just in case, and after the 2 months how long does it usually take to gain possession? No, you have received Notice so why would you want to serve it on a tenant who wants to end the tenancy?

    Thanks
    P.S. Read your second post as well and you shouldn't be in such a rush! Mistakes easily happen then so be warned.

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  • daisy
    replied
    Fingers crossed

    Well, hopefully the situation is sorted - picking up credit check from Tenant 2's girlfriend tonight, plus rent money for April and on my return from a lovely restful holiday will get new contract set up and pick up deposit money and sort out tenant 1's deposit return then.

    Fingers crossed if all goes well, ......

    Leave a comment:


  • daisy
    started a topic Indecisive tenants- going? staying? Serve s.21?

    Indecisive tenants- going? staying? Serve s.21?

    HI all

    going back to my disjointed thread - 2 tenants on joint AST, now periodic, one rang to give notice (4 March) while other away, I waited until other returned to ascertain intentions then wrote and explained law ie full months notice to end on 30 of month, as tenancy start date 31 of month, and need to put notice in writing.

    First tenant says he is moving out on 1 April as he thought he had given adequate notice. I have his deposit, so won't be out of pocket if I just keep that, and will be within the law, but I don't want to piss him off in case he does anything to the house.

    Second tenant has said he will stay and do new contract with girlfriend, but first tenant says he thinks they can't afford this, so of course i will want credit check. I am going on holiday on Saturday for 2 weeks!!!!

    Should I issue an S21 just in case, and after the 2 months how long does it usually take to gain possession?

    Thanks

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