I would return the payments and write to tenant saying that. Contact bank and tell them to return it.
As the tenant cant afford the full rent on their own they would be putting themselves and the other two tenants in rent arrears supposing the tenancy did continue which is in nobody 's interest.
As LL if you believe the tenancy has ended you cant accept rent. You write and explain that to the tenant so it is
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3rd Tenant is claiming the 1 month notice given by other 2 tenants ending 14 aug is not valid.
They want to stay and find replacements with a new tenancy whicjh @Kenny007 is unwilling to do. They say they cant move until the date specified. They dont say they are going to move on that date tho.
Risk for @Kenny007 is the 3rd tenant stays beyond august 14th. @Kenny can then try to evict 3rd tenant as a trespasser but that means applying to the court for possession. Meanwhile @Kenny007 cant accept rent as that creates a new tenancy. Then two scenarios
A. Gains possession as original notice deemed valid. Court costs, bailliff costs, lost rent for however long it takes
(From application to eviction has been taking an average of 8 months but that will have been mainly s21 i suspect. Not sure how long trespass cases take).
B. Doesnt gain possession as court rules original notice invalid. By then there will be months of arrears. As 3rd tenant cant afford rent on their own and other twoSource: YouTube https://share.google/gXLNKgRxqZSKrKQOz tenants have moved out there will be little chance of getting back or it will be difficult. Meanwhile a new s8 notice for 3 months rent arrears will be needed with 4 weeks notice then 8 months from application for possession through to eviction.
So @Kenny007 has plenty to worry about. If 3rd tenant chooses not to move out on 14th he faces months of court costs and no rent and having to go through the courts and eviction by bailiff for a tenant who does accept they should leave and instead wants to live rent free for the next year. (Exactly the same as would have happened in the past if a tenant challenged a s21 but even worse as can’t collect rent in the meantime…)
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@David240 Fully understood. But…
This is madness when LL is overseas. This is the largest elephant in the room !
@Kenny007 Get a Letting Agent to take over local management, if you can. Unless you are going to fly back to UK to collect keys potentially on the 14th Aug or whatever date you agree with all three T’s that they are leaving and handing back keys.
Explain to T’s it is not possible to stay in residence past tenancy end date. Tenancy has ended. They, if staying are trespassers and illegal and you will file CCJ. It will not end well for their respective credit files and ability to rent in future.
They are liable - jointly and severarly for costs.
@Ray12
Can you recommend any reliable Letting Agent, which you are aware of with a good reputation, or that you have used previously having good experience?
My area is Northolt, Ealing.
Thanks
Sorry, not my area, mine is, South of the river, Streatham, W.Norwood. The largest Estate agent for the area of Northolt will have a large lettings office, they always do. You may have to pay handsomely for the privledge tho’.
Your tenants might be more inclined to shift if a professional lettings manager who knows their onions makes contact to re-let the property and does site visits, compliance checks etc.
@David240 Surely this is the best option if @Kenny007 can’t easily leave duties overseas?
Do you have relatives still in the area who can liaise ?
In the absence of LL training, that you do not have, a Lettings Agent is the next best if you have no other persons in the area to represent you.
Of course the Agent will inform HMRC regarding rental income going forward and HMRC will check that you are paying the relevant taxes, unless you are registered as overseas.
absolutely agree somebody on the ground going and visiting the tenants explaining face to face they have to leave, carrying out inspection visits and arranging viewings for future tenants might help encourage 3rd tenant that he has to leave.
hopefully the two who want to leave on 14th august will help provide access
And a local agent who tells 3rd tenant they deal with tenants giving notice all the time and their own legal advice is that the 1 month notice is valid, will help add weight. They can stay in touch with all the tenants and ask them directly about when they plan to move out. They can carry out inspection visits. They can organize viewings
They can remind tenants about clauses in contract saying they must leave the place empty removing all their possessions. They can ask tenants to leave in same state as when they moved in otherwise claims may be made against deposit. They can ask 3rd tenant exactly when on 14th he will be moving out so they can arrange meter readings and move out inventory straight after. They can provide a regular presence and encouragement that will hopefully get 3rd tenant to move on 14th and can report back if 3rd tenant is being uncooperative and saying they wont move on 14th
All difficult to do from abroad
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Now that notice had been served, one of the two scenarios that David240 outlined above will play out. There is little an agent can do to speed up the process and under these circumstances you would be better off saving your money for a solicitor to represent you at court if the tenant doesnt leave and submits a defence when you apply for possession. Thats why I suggested you write to the tenant in my previous post. The courts do usually give priority to tresspass cases.
If he sees your response but still doesnt leave on expiry of the notice, you must the treat him as a tresspasser. You must stop collecting rent from him at that point although you are allowed a daily charge of double the full rent to be collected in arrears. You could include some of these points in your response to him. If he’s a reasonable person, he will think about it all and probably leave.
@david122 Well, I concede, that is appropriate advice. All conjecture of course until 14th Aug comes around.
some people respond to letters - and maybe a strongly worded letter from a solicitor rather than from @Kenny007, might encourage them to leave? What do you think?
Others will respond to @Ray12 's suggestion of an agent visiting and explaining face to face in simple words that staying beyond the 14 aug will mean they are trespassing and there illegally, that they cant force @Kenny007 to sign a contract with new tenants, the double rent point, and agent conducting viewings etc - all re-inforcing the impression the tenant has to be gone on 14th
(Others might respond to offer of a £ payment after theyve signed a deed of surrender and left.)
It’s hard to tell what might be most effective without knowing the individual and their circumstances. If they are desperate or have asked the council, they may stay after 14 August no matter what @Kenny007 does. For the small amount an agent will cost, and for cost of a solicitors letter, compared with cost if it goes to court, might be worth trying these approaches…
@Kenny007 Even if not doing any of these, booking an inventory for late 14th august or for 15th august am is a good idea - if tenancy has ended, good to have a clear view on condition so deposit can be returned in full or not, and if tenant 3 stays on, then either way good to have a clear view of condition so that any subsequent damage can be attributed to the tenant3.
You’ll need somebody to collect keys from the first two tenants anyway so they can hopefully also let an inventory clerk in. [An agent could organise all that for you even if nothing else]. Since [in your view] tenancy will have ended you dont have to give 3rd tenant notice of the inventory, but may be good to do so with 24h notice just in case later the original notice was deemed invalid..
Openrent/mydeposits should be able to advise you what to do re the deposits after 14 aug but if you are saying notice was valid and tenabcy ends on 14th then think it must be returned [less any deductions]
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I think that these days AI can do a pretty good job of drafting something authoritative and compelling and signed by Kenny, so I would try that in the first instance using points I suggested above and save the idea of a legal letter as a second stage if it doesnt work.
I have decided to hand over to a local letting agency. I have spoken to a couple of them and will hand over to one.
I will also be flying to London before 14th August.
I want to deal with this matter before 14th August and hopefully not to let it reach at the legal stage.