darrylclemson Posted May 31, 2007 Report Share Posted May 31, 2007 Hi I am looking to evict a tenant who is not in arrears, or breached the tenancy agreement in any way. I have previously evicted tenants in arrears using a section 21 notice, but am unsure if I can start eviction proceedings without a valid reason & if so how I go about it? Could anyone please help? Thanks Link to comment Share on other sites More sharing options...
laverda Posted May 31, 2007 Report Share Posted May 31, 2007 Hi I am looking to evict a tenant who is not in arrears, or breached the tenancy agreement in any way. I have previously evicted tenants in arrears using a section 21 notice, but am unsure if I can start eviction proceedings without a valid reason & if so how I go about it? Could anyone please help? Thanks Hi you cannot end a tenancy before the end of a fixed term that is stated on tenancy agreement and you must give two months writen notice to do so to end on or after the fixed term. if tenancy has run past the initial fixed term you still need to give two months notice and you will need to serv a section 21 notice to end tenancy in both cases Link to comment Share on other sites More sharing options...
darrylclemson Posted June 1, 2007 Author Report Share Posted June 1, 2007 Thanks very much for your help. The tenancy is now periodic, I was just concerned that I needed a valid reason for ending the tenancy. Please confirm that this is not the case & that I can just end the tenancy by issuing a section 21 notice without any breach of the tenancy? Thanks you Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted June 1, 2007 Report Share Posted June 1, 2007 Yes 2months and out they go ! Theoretically ! Simon Link to comment Share on other sites More sharing options...
J4L Posted June 3, 2007 Report Share Posted June 3, 2007 haha. I love the cynical Simon for his use of 'theoretically' but he is absolutely correct here. Issue the s21 and cross your fingers that they go on the day. Most will, so don't panic about it. Just have a nice 'friendly' chat with them and explain the situation (if you want to, that is) Communication is paramount here to get them to understand when and why, and you 'shouldn't' experience any problems at all. Link to comment Share on other sites More sharing options...
tony_ mort Posted June 3, 2007 Report Share Posted June 3, 2007 whatever you do ensure you date the notice correctly - you need to serve the notice before the end of a 'period' when the tenancy is periodic, and it must expire not less than 2 months after service and on the last day of the period. For example: if your tenancy period ends on 7th of the month, if you serve (not just post) on the 6th June you can end the notice on 7th August, but if you serve on 8th June you end on 7th September. Note: if you get it wrong and you have to go to court the notice is invalid and you start all over again. Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted June 3, 2007 Report Share Posted June 3, 2007 Hi all i have never needed to issue written notice as i always"try" to keep good communication channels open at all times - It is, i feel , very prudent to advise the tenant that you have re-let the property to another party the same/next day as the period end ( whether you have or not !) i have people on "standby" to move in (or at least be seen to be ready to !) i have only been in a situation once where i felt a visit from my "new tenant" to the prop would suitably motivate the reluctant tenant to begin packing! The new tenant (6foot three- Wide!) knocked on the door (1 week b4 D Day)and apologised profusely for disturbing resident T and asked if it was at all possible to confirm whether the curtains where with the house or if he would have to purchase his own, also to confirm that all was well for the moving date - The Res T confirmed it was ! I had an irrate call from T complaining about the visit - so i appologised profusely as well and agreed that New T should not have called and promised to cntact new T to request he did not return until moving date . All went well and T vacated on time . The point being that Res T appreciated that remaining in prop could get real messy real quick as he was oing to have a very irrate family with a rmoval van on his doorstep along with a very irrate LL! Please note - no threats just some physological cajoling! Horses for courses - i have been known to use my staff and vehicles to move people at my cost as an incentiveto leave when i need them to ! On extreme occasions i have actually paid people to leave upto £100 cash( only twice !!) As long as you can get a "deal" done that both sides are "happy " with then i think it is perfectly acceptable to be a little "unconventional" in your thinking and dealings(as long as they are not immoral or illegal!) Simon PS unconventional people seem to earn unconventional incomes ! Link to comment Share on other sites More sharing options...
J4L Posted June 4, 2007 Report Share Posted June 4, 2007 I'm taking some great tips from Simon on these forums. haha Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted June 4, 2007 Report Share Posted June 4, 2007 J4L Invoice in the post Simon Link to comment Share on other sites More sharing options...
J4L Posted June 4, 2007 Report Share Posted June 4, 2007 look forward to receiving it. Hope you've addressed it to my office . .. . J4L Office of Fair Trading Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted June 4, 2007 Report Share Posted June 4, 2007 So J4L As a "newbie" LA how do you feel the advice, real life anecdotes, stories and experiences you see on this forum compare with the written letting "bible" ? Simon PS And you dont have to pay for this stuff either ! FOC (until i finish my book !) PPs Addressed it to your office - i thought you didn't have one - or do you mean th PO Box No ........LOL HAHA! Link to comment Share on other sites More sharing options...
catcox Posted June 4, 2007 Report Share Posted June 4, 2007 Hi I am looking to evict a tenant who is not in arrears, or breached the tenancy agreement in any way. I have previously evicted tenants in arrears using a section 21 notice, but am unsure if I can start eviction proceedings without a valid reason & if so how I go about it? Could anyone please help? Thanks You can serve a section 21 notice on the tenants to vacate and you do not have to have a reason for this ie. breach etc. They should move out by the expiry date on the Section 21 notice however if they don't you would need to apply to the courts for a possession order under mandatory grounds. Link to comment Share on other sites More sharing options...
J4L Posted June 4, 2007 Report Share Posted June 4, 2007 So J4L As a "newbie" LA how do you feel the advice, real life anecdotes, stories and experiences you see on this forum compare with the written letting "bible" ? Simon PS And you dont have to pay for this stuff either ! FOC (until i finish my book !) PPs Addressed it to your office - i thought you didn't have one - or do you mean th PO Box No ........LOL HAHA! I have picked up so much info on the 'other side' over the last few months and only just recently joined here and getting some great stuff on here that they wouldn't 'tolerate' over there, haha I'm getting priceless info on both sites but i'd be first in the queue for the book Simon, definitely. yes the 'bible' as you put it gives general advice but not nearly half as much as we should know to cope with by the look of it. Yup the P.O. Box one, it gets redirected to my desk at the OFT!! haha Link to comment Share on other sites More sharing options...
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