OpenRent Community

AST ending and Notice to Quit

I have had a tenant in my house over the last 4 years, whilst I’ve been working overseas. He only signed a contract for 6 months. He wanted to remain in the property after the 6 months, and but did not want to re-sign to another contract. He has been at my house for 4 years and always paid his rent.
I’ve now returned back to the UK, because of ill health. I notified the tenant 3 months ago of my intention that I am unable to renew his “contract” after the end of May, and gave a polite Notice to Quit. I am couch surfing with family and friends, until I can get back into my own house.
Do I have to fill in a Section 21/6a if I’ve already give a polite Notice to Quit?
Do I have any rights here if he has not signed a renewed contract?
The tenant is demanding more notice…

Yes. You must formally give notice requiring possession. (‘Notice to quit’ is something different, technically but I know what you mean!) Its all you have if he ultimately doesn’t leave.
As I have written elsewhere on the subject of S21 notices, let him know it’s coming, out of a basic courtesy and so as to try not to appear aggressive; better still drop it round by arrangement and get a signature of receipt on your copy. Hopefully ‘serving’ it this way, doesn’t by itself cause unnecessary ill feeling. You can only do your best: landlord not therapist! If you tell him it’s just a formality, that may help.
Be sure you have given him all other legally required paperwork prior to service -some of which will have been time-sensitive, such as the prescribed information relating to the deposit scheme, where applicable- this is essential to ensure your S21 is valid, should it go to court.
If you haven’t done all you should paperwork-wise and/or are not going to do so now for your own reasons…-see my related posting elsewhere- consider serving s21 notice anyway to encourage his vacation but do it very diplomatically in this case.

To all landlords… if you haven’t issued all the required paperwork -either at all or in a timely fashion as required by law- your s21 will be thrown out by the court and likely before it even gets there. You are then liable to being sued for up to three times the value of the deposit. Be careful!

To Openrent: A published list detailing this would, I am sure, be of platinum value to many of your landlord clients (if not also useful ammo for tenants wanting to pick a fight!) Happy to assist, if you want to get in touch.
If other landlords are happy to write supporting this idea and asking OpenRent the same, there’s more chance of the info being published here sooner rather than later.
I have asked OpenRent to respond publicly by separate message. This topic (essential paperwork issue) is a minefield if mishandled.

Knowledge is everything and happy to help (anyone… landlord or tenant) where I can.

p.s. excuse me while I readjust my halo.

Good luck!

Peter B
Landlord
Member NLA

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Thank you, so very much Peter. I’m a novice at this, and very much appreciate your advice.

As he signed his contract for 6 months on 11th May 2015, and contract has expired, but still rents my house, do I still need an EPC certificate?

Yes. EPC required per se but without a current certificate, a S21 notice would be invalid. You can do it retrospectively prior to issue but not ideal, not least because this highlights administrative irregularities. Don’t fall out with this fella.
Other pprwk which should have been issued (some time-sensitive as already stated) includes but is not necessarily limited to: terms/conditions of deposit scheme, prescribed information relating to same with all tenants’ signatures, Gas safety cert. and others.
In your case, I reiterate you should stay sweet with him because it sounds you may be on a sticky wicket should he take legal advice. This includes after his vacation.
I wish you well. Try not to worry overmuch but accommodate this chap wherever you can.

Peter B
Member NLA

UPDATE:
I am reconsidering my original advice to issue a s21 at all in this case. It is possible that, if all is perfectly amicable at the moment issue may actually cause more trouble potentially than it is worth.
Bottom line is, if I could see in the future and he goes, amicably between you without any issue, finds another place and lives happily ever after… perhaps (just perhaps) it is better to let sleeping dogs lie.
I think in your original post you may have said he wants to stay longer, however which may be an issue…?
I see both approaches as viable here and so I suggest you take professional advice. NLA may be able to assist.If you’re not a member I should join, at least as an associate to get their take.
Between a rock and a hard place if he issues demands. Ask for ‘Welsh Chris’ and tell him I sent you!
Experienced, legally qualified landlords out there… any input to help this chap? He needs experience based, properly informed opinion pronto and I am no legal expert.

Peter B
Member NLA

Thanks Peter - you’re a diamond.

Hard not to worry though…

Hi @Peter

Thanks as ever for contributing.

I’ve written up a guide on the points you’ve raised. It’s pinned to this board and can be found here.

If anyone has any questions on these topics, post away in the thread!

George

You’re most welcome. And thank you.

Peter B

This is such a much needed forum. Your help, advice, and support is priceless.

Thank you, to all who help and give advice, when people who try to do their best and feel deflated, really rely on the help and support you give

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