Needing Help about Tenancy Ending

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    #1

    Needing Help about Tenancy Ending

    Hi there. im new to this and also just started renting out my property in October last year. I plan to use this for assistance and help others with my experience too.

    My Issue
    I have split up with my partner in March and have decided to move back to the property I have been renting out.
    The tenants have been set up on a short assured tenancy and we have all signed the agreement for their end date in December.
    I told the tenants my plan about moving back in and were glad they were happy to hear this news as they are wanting to move out sooner to move back near their family.

    As far as Im aware I have served them all the correct paperwork and given them more than 2 months notice to end the tenancy. They have tried to get another house but council are saying that my letter for them to quit the tenancy is invalid.

    Can someone give me an example of what letters/paperwork is required to end a tenancy in the following reasons:-

    1. Mutual agreement to end on both parties.
    2. How to end the tenancy on the grounds that I require the house back to actually live in it.
    3. How to follow the normal process to end a tenancy with an agreed end date.

    Any help will be appreciated.
    Tags: advice needed, correct process, new landlord, tenancy agreement
    #2
    Could you please answer these questions? - http://www.landlordzone.co.uk/forums...ll-new-posters

    Additionally, did you ever formally advise the tenants prior to the start of the tenancy that it had been your home?
    Are the tenants trying to find somewhere else to live or are they asking for the council to rehouse them?
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment

      #3
      Any 'formal' Notice must have included in orig AST before signature and must contain a clause permitting you to use s8 g2.
      Have you asked Council why they think your Notice is invalid? What Notice have you served?
      T started Dec 15 with fixed term 12 months so valid s21 cannot be 'served' until Oct 16.

      Comment

        #4
        I see you are in bonnie Scotland - assume that is where the tenancy is then....
        http://scotland.shelter.org.uk/get_a...ured_tenancies

        (Short assured tenancy only exists in Scotland...). If scotland mariner;s advice may be incorrect (but perfect as usual for England).

        What does the tenancy say about how it continues after initial term? What is the exact date of end of initial term?

        Can you prove you serve AT5 & " PRIOR NOTIFICATION OF GROUNDS RELATING TO RECOVERY OF POSSESSION (HOUSING (SCOTLAND) ACT 1988) " before tenancy was signed?

        Exactly what notice did you serve (s33, AT6, NTQ..) and how (in person, post, sheriff's officer..) please?
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment

          #5
          #artful, & I have difficulty just trying to stay ahead of LL&T Law, just in England.

          Comment

            #6
            Originally posted by jpkeates View Post
            Could you please answer these questions? - http://www.landlordzone.co.uk/forums...ll-new-posters

            Additionally, did you ever formally advise the tenants prior to the start of the tenancy that it had been your home?
            Are the tenants trying to find somewhere else to live or are they asking for the council to rehouse them?
            I did formally advise them in person that this was my property I lived in before the tenancy started. I never included this information in letter or form format.
            The tenants are wanting to move asap off there own back. They have had a view private house viewings to view and also applied for council housing.

            So currently its worked out positive for both. I will eventually get to move back into the house and they want to move closer to family 60+ miles away.
            I sent them a Notice to Quit and also a section 21 and an AT5 forum all dated for earlier than the agreed tenancy end date. (Mutual agreement from both sides).
            I think the council are saying its invalid as the end date does not meet up with the end date quoted on the tenancy agreement. Also council would not house them if it came across that they made thereselfs homeless (Because they mutually agreed to end it sooner than planned).

            Comment

              #7
              Originally posted by theartfullodger View Post
              I see you are in bonnie Scotland - assume that is where the tenancy is then....
              http://scotland.shelter.org.uk/get_a...ured_tenancies

              (Short assured tenancy only exists in Scotland...). If scotland mariner;s advice may be incorrect (but perfect as usual for England).

              What does the tenancy say about how it continues after initial term? What is the exact date of end of initial term?

              Can you prove you serve AT5 & " PRIOR NOTIFICATION OF GROUNDS RELATING TO RECOVERY OF POSSESSION (HOUSING (SCOTLAND) ACT 1988) " before tenancy was signed?

              Exactly what notice did you serve (s33, AT6, NTQ..) and how (in person, post, sheriff's officer..) please?
              Morning, the tenancy says it moves onto a 30 day rolling contract/agreement.
              The exact end date is 11th December 2016
              I cant prove that I served an AT5 as we done this when I handed them the keys. This was dated 11th Dec 2015 and signed by myself only (Does not state for tenant to sign) - Its also quoted numerous times within the tenancy agreement.
              I served them NTQ and Section 33 two months before the 10/09/16 via recorded delivery (This is the date we mutually agreed on but now as they still don't have anywhere to go is this still valid)

              Comment

                #8
                Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)? SCOTLAND

                Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only? SOLE TENANT

                Q3 – What date did current TA start dd/mm/yy? - 11/12/15

                Q4 – How long was initial fixed term (6/12/24 months / other)? - 12 MONTHS

                Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)? - MONTHLY

                Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)? - YES - 11/12/15

                Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy). - MONDAY 8TH AUGUST 2016

                Q8 – Does the landlord live in the same property as the tenant? - NO

                Comment

                  #9
                  Originally posted by publication1 View Post
                  I sent them a Notice to Quit and also a section 21 and an AT5
                  I don't think they have a S21 in Scotland.

                  Comment

                    #10
                    Section 33 sorry.

                    Comment

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