Ending a 12 month rental agreement early

[Rachelbez]

We are new to this forum and request advice. Our tenants moved in to our property in August and have paid rent 21 days late in Sept, 11 days late in Oct, and not at all in November. We are anticipating further non-payment as we now know that the electrics and gas bills have not been paid either. The water rates which are to be paid to us monthly have also not been paid at all. Condensation has been allowed to build up in the house despite us providing a dehumidifier to help with moisture control during the winter months causing mould damage. The agreement is for 12 months but we want to get them out by 31 January - 6 months after the contract began. We have a clause in the contract stating that we can give 2-month notice before the end of the contract to end the tenancy. Could you please help by advising the process we should use to have them leave by the end of January at the latest. Many thanks in advance

[jpkeates]

Could you give us the wording of the break clause?

[Rachelbez]

The contract states that: Notice under Section 48 of the Landlords and Tenants Act 1987, two month's notice of termination of the contract is required.

[emwithme]

Is that it? Just that sentence? Nothing about it only coming into effect at six months or similar?

[theartfullodger]

The contract states that: Notice under Section 48 of the Landlords and Tenants Act 1987, two month's notice of termination of the contract is required.

S48 of LL&T 1987 has nothing to do with notice period for break clauses - see
http://www.legislation.gov.uk/ukpga/1987/31/section/48
- If there is a break clause please quote EXACT wording...

Your tenant has been paying rent late: Several times. S8G10&11 cover that so issue an s8 notice TODAY! The tenant may change his behaviour. You could then apply to the court 14 days after service for eviction. However the tenant can easily defend claiming disrepair (even if you are 100% certain there are no repair issues). So serve s21 TODAY also.

Was deposit protected and PI served within 30 days of payment??

Tenant might agree to an early end by deed of surrender: In your shoes I'd offer them that: If they refused I'd be somewhat unhelpful to them thereafter (apart clearly from those things I have to do..)

How do you know the electric & gas are late??? Are both accounts in tenant's names (ie did you write to utility companies - and council re. council tax - when they moved in?).

Why are you paying water rates?? Is tenancy for a property that is part of the building you live in??

[jpkeates]

That's not a break clause (in fact it makes little sense at all).
If the contract is an AST with a defined minimum term and a start and end date, that term doesn't mean it can be ended early - at most it means that two month's notice is required when notice is possible (the reference to the Landlord and Tenant Act is a bit random).

Does the tenancy agreement state that a section 8 notice can be used in the fixed term?

[Rachelbez]

Thanks for your help - we will issue the s8 and s21 as suggested. What is the date we give for termination - two weeks from now or two months as this will then make it 6 months? The deposit was served in time.

[theartfullodger]

Thanks for your help - we will issue the s8 and s21 as suggested. What is the date we give for termination - two weeks from now or two months as this will then make it 6 months?

s21 end of fixed term: s8g10&11 14 days after service - see
http://www.landlordzone.co.uk/conten...for-possession

The deposit was served in time.

Very interesting but, I repeat, please," Was deposit protected and PI served within 30 days of payment?? " (If no or not sure to either you very probably would be serving an invalid s21..

[jpkeates]

You'd be best waiting until two month's rent is owed (the day after the rent is due in December), and serve s8 on grounds 8, 10, 11 and 12.
You need to give two weeks notice (allowing two business days if posted).

You can issue notice now on grounds 10,11 and 12, but they're discretionary grounds and 8 is a better bet.

The most likely outcome is that the tenant will claim some kind of disrepair, so one useful tactic is to serve notice in writing giving 24 hours notice (minimum) that you want to inspect the condition of the property (do this before you serve the notice in December).
If the tenant allows the inspection, take photos of everything you can - video if possible and document that there's (hopefully) nothing wrong with the place and keep the evidence.
If the tenant tries to claim disrepair you have a chance at least to pro-actively defend yourself - it at least makes it harder for the tenant to claim that the heating is intermittent when you were in the property a few weeks ago and they didn't mention it.
It's probably not enough, but it's worth a shot.

If the tenant doesn't allow the inspection, try again a couple of times and document the attempts (proof of posting and scans of the letters).
Again, it's better than nothing, and it might put the tenant in a poorer light.

It's worth making clear to the tenant that you will peruse the debt until your dying breath, and it might be sensible if they kept it to a minimum and agree to surrender the property.
That way they won't be evicted for non-payment of rent, which bad news for the tenant with the local authority housing department.