Hi Everyone
I have a tenant who has been living in the property for about two years. The tenancy originally started under a previous agent, and I moved the management to OpenRent in December.
Unfortunately, there have been ongoing issues with the condition of the property. The house is very overcrowded and the general hygiene is poor. The tenant rarely opens the windows and keeps the curtains closed most of the time. When this is raised, the usual explanation is that the children do not want to feel cold.
As a result, there has been significant damp and mould in the property, which has cost me a considerable amount of money to repair. Despite my efforts to address the issue, the tenant has been unwilling to cooperate with basic ventilation measures that would help prevent the problem.
I am now considering selling the property and would like to understand my best options for serving notice for them to leave, particularly before the new rental law changes come into effect.
You can still serve a section 21 right up to 30th April. It will be your last opportunity to use a section 21 so you will need to get it right first time. I would use a solicitor or eviction specialist to make sure everything is legally sound.
Good luck
If you moved the tenancy to Openrent in December, what minimum term did you agree in the tenancy agreement signed in December, as you wont be able to issued notice to end the tenancy until that fixed rate has ended.
@Shoyinka if you started a new tenancy in dec (openrent only allow management using their.own ast) then you may not be able to issue a s21 quite yet.
See Shelter page
A landlord cannot usually serve a section 21 notice within the first four months of the original tenancy
(’ Section 21 notices for assured shorthold tenancies’ )
Other options may include a break clause or a mutual deed of surrender of the tenancy if you can get tenants to agree or s8 grounds.
:To end a tenancy in England, landlords must provide proper written notice (usually 2 months via Section 21 for no-fault, or 2 weeks to 2 months for breaches via Section 8). "
See gov uk guidance ’ Private renting for tenants: tenancy agreements’
- you may be able to use s8 grounds ie damage if you can evidence that the tenants behaviour caused the damp & mould not any exterior fault and has breached tenancy agreement (assuming it says to ventilate) - and if you can produce documentary evidence that they have refused to ventilate the property properly and continue to refuse to do so.
However s8 is discretionary not mandatory so at court judge nay not side with you …
Good luck
The notice can be issued before end of fixed term but the date the tenants have to then move out cant be specified as before the fixed term ends I ‘think’
(According to shelter
If the notice expires before the last day of the fixed term, it is likely that it is invalid.)
Best
That is correct (20 charactors)
If you moved the tenancy to OpenRent in December you need to check exactly what that December agreement says about the fixed term and whether the deposit was properly protected and the prescribed info and other required docs were served — if all thats in order you can still serve a Section 21 before 30 April but you can’t demand possession during a fixed term.
Alternatively tbh if the mould/damp is clearly down to tenant behaviour, start building evidence now: time-stamped photos, written requests to ventilate, contractor or damp survey reports and use Section 8 for damage/breach or try a mutual surrender if they’ll agree, Awaab’s Law has made courts take mould-related risk much more seriously so document everything — personally i had to get a survey to make the case and it helped.