Jump to content
Sign in to follow this  
Rachel09

Tenant hasn't given correct notice

Recommended Posts

Hi

we had tenants (friends) so no bond (when will we learn) they only wanted a 6 months tenancy as they were looking to buy their own place.

tenancy run out middle of Feb and she asked to go onto a rolling tenancy, she then decided she wanted to move and gave us 10 days notice via social media. Her rent is due on 15th of each month,

she has now vacated the property, hasn't returned the keys, where do we stand with outstanding rent ?

Also is she still classed as a tenant as no written correct notice ?

Share this post


Link to post
Share on other sites

Probably ex friends by Good Friday.  

Did you have a written tenancy contract in place stating 1 months notice required?

Ask her for the keys and the outstanding rent that is owed to you BUT if you have nothing in writing then you may have trouble recovering the rent money. The return of the keys should be straightforward enough.

Oh!...... and don't rent to "friends"...... ever again.

Share this post


Link to post
Share on other sites
1 hour ago, Melboy said:

 

Oh!...... and don't rent to "friends"...... ever again.

Or relations, it nearly always ends in tears.

But if you do end up renting to friends or relations do it via a agency so they can be the focus of any bad feelings if there are issues.

Share this post


Link to post
Share on other sites

I would agree 100% with not letting to friends or relatives.

Unfortunately, many years ago I had a bad experience of this. It wasn't that I let a property to a family friend, it was the fact that I refused to let a property to them that strained the relationship. I found it was a case of damned if you do and damned if you don't.

My advice, if you are ever asked, is to be a little more diplomatic than I was. Make an excuse......anything e.g.......nothing available, mortgage company won't allow it (usually they don't if it's relatives), insurance problems, someone already lined up etc.

Share this post


Link to post
Share on other sites

....and it can affect any HB claim.

According to Shelter the tenancy isn't surrendered until the keys are returned to the LL, posting through the letter box isn't considered appropriate either.

The way I view this is that they are still in possession until the keys are returned. As legislation states a T must serve a minimum of 1 months notice, ending on the last day of a tenancy period it follows that unless formal notice has been served that the notice period starts at the point of surrender. I do stand to be corrected Grampa.

But as said, now try and get your dosh. That's more tricky.

 

Share this post


Link to post
Share on other sites

I think there is a change afoot (or may have already come in) that allows a tenant to give to just give one months notice on any day during a period tenancy.

I think it is tied in with the change that a s21 served during a periodic tenancy if you use a s21(1)(b)  which you can use now for periodic tenancies prior 01.10.16 doesn't now have to fall on a rent due day.

I am finding all these changes to housing law quite a challenge now and gives me a bloody headache. It is so easy to get it wrong on a minor thing and I better Shelter are rubbing their hand together with glee just thinking about all the possession orders they can get struck out.

Regarding Keys I think its about on what basis they are accepted. There is quite a bit of case law so could be argued a number of ways. and who argues the case better in front of a judge. Which is a good argument for using a specialized housing solicitor if you need one.

I went up against a smart arsed  one a few years ago, he didn't wipe the floor with me but it felt like it and he managed to delay the possession on a technicality. His argument could have been countered easily and be disregarded if I knew what I found out and researched later that day on apportionment of debt (this was a s8 hearing). We did have the last laugh though as I had a Valid s21 already pre-served as back up so it only delayed the eviction by a couple of weeks.  Lesson learned.  

 

  

Share this post


Link to post
Share on other sites

Get this tenant to sign a Deed of Surrender formally ending the tenancy - then you all know where you stand.

Agree about not renting to friends and rellies. Also agree with Richlists comment that you and damned both ways once approached.   Got bitten like this many years ago and still a family rift over it.  Why should what you own be available to family without question?  Try telling my lot that!

 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

×
×
  • Create New...