Tenant Moving Out On Section 21 Expiry Date

[Julie Anne]

A Section 21 Notice was issued  & it expires in a few days time. We've texted the tenant to ask if they're leaving on that date & they replied, by text, that they were leaving on that date & they gave us a time  when we can  visit the property to collect the keys.

Are the texts sufficient proof that the tenant is leaving voluntarily or do we need to get something in writing? 

P.S. After the Section 21 Notice was issued we also got several texts from the person who did the interpreting for them, confirming that they intended to stay in the property until the expiry date of the Section 21 Notice.

We're selling the property & the estate agent thought that the texts were ok as proof of the tenant's intentions but we'd just appreciate any other comments or advice. 

[Richlist]

I'm not entirely sure what your question is.

Your tenant has said they are moving out on the date required by the S21/ the tenants interpreter has confirmed the same......so what's the problem ?

Attend the property on the date, collect the keys and confirm they have vacated before you exchange contracts on sale.

[Julie Anne]

Thanks for replying.

There is no problem. I'm just interested in what other members have done when a tenant vacates their property & whether or not they'd relied on a text message as opposed to the tenant putting something in writing.

The house isn't on the market yet, that's what we're wanting to crack on & do. The estate agent advised us to wait until we had guaranteed vacant possession before marketing it.

 

 

[Richlist]

Well, that might be bad advice from your estate agent in my opinion. Although it really depends on whether you have a good relationship with your tenant, whether they can be relied on to accept viewings whilst they are paying rent and whether they can be relied on to present a reasonably tidy property. I've been selling some of my rental properties, one per year for the last 5 years. I have nearly always marketed the property whilst the tenant is still in the property. I try to keep the tenant as long as possible. If I get a firm offer on the property and we start the legal work I know how long it's going to take to exchange as a minimum. Keeping the tenant as long as you can means rental income and council tax/utility bills being paid. Empty property in the winter can be really expensive.......no rental income, council tax to pay, usually standing charges for electric, heating costs + service charges & ground rent payments continue if it's leasehold. Then of course you'll need to make regular visits to check the property.....these costs all mount up.

I usually just talk to them on the phone or arrange a visit to discuss my plans. I rarely get anything in writing from them,  it's usually me providing them with dates and details rather than the other way round.

[Julie Anne]

Thanks for your reply & it's good advice.

We discussed exactly the same thing this morning, about letting the tenant stay until the house is sold so that it's not stood empty with all the associated costs & potential problems.

We've only just been able to contact the tenant as everything was done via his wife before she left him & moved out & he seems very reasonable so we'll look at going down this route if he wants to stay until the house is sold.

Do you get a possession order just in case you need one? The reason I ask is that a contact let a tenant stay but at the last minute they refused to move out.

[Richlist]

You need to have good relationship with your tenant and be able to trust them at their word.

I'm usually very honest with the tenant. I tell them what I'm doing and when they need to vacate. I try to work with them and we usually keep each other informed on our relative progress.

I usually suggest they approach my agent for a replacement rental property.  My agent, who has a vested interest in the sale is more than happy to help speed that along as well as continuing to get the ongoing rental business with a known reliable tenant.

I have to issue a formal S21 to the tenant. The buyers solicitor will ask for a copy and will not exchange contracts until they have confirmation that the property can be offered with vacant possession.

In reserve, I usually prepare to offer the tenant a small rent reduction in exchange for allowing viewings and ensuring the property is presented in a tidy condition. Never had to offer it yet as my tenants have always been happy to accommodate my wishes voluntarily.

As, by this time, a sale has normally been agreed, I also remind the tenants that there is unlikely to be any claims by me on the deposit as the property is being sold and my regular inspections have already established the general condition. This is often viewed by the outgoing tenant as a big advantage and reminding them of this fact goes a long way to persuading them to accommodate your wishes on viewings etc.

Just keeping the tenant on for an extra month can be worth making the effort.....another months rental income and not having to pay running costs can be worth £££ to the landlord.

[Julie Anne]

Thanks again for your helpful reply.

We're going to do as you do which makes total sense.