Hi I wish to put my rental flat up for sale as it isn’t economical for me to run it anymore.
The tenancy runs out in November but I’m thinking of giving my tenant 4 months notice now instead of in 2 months, letting him know that I will not be renewing his contract. He has completely filled the airing cupboard, the main living area and hallway with about 30 very large stacked up boxes which mean you have to go down the hallway sideways and can’t see the living areas properly so I don’t think it will be very inviting to potential buyers. I have said I’m not happy with him using the flat in this way but he doesn’t do anything about it.
I also said at the beginning of the year that I needed to put the rent up. He has refused to pay any additional money.
When I inspected the flat in February and expressed my shock and horror at how the flat was being used to store god knows what. He said he would move out and gave me one months verbal notice.
Since then he fobs me off with saying he’s not found anywhere.
Due to all the above I want to let him know he absolutely has to move out at the latest by November as the contract will end then and I will not be renewing it.
However I just wanted to check if anyone knows of any reason that I shouldn’t give too long notice incase it can work against me?
The contract requires 2 months but with the stash he needs to move and the rental prices as they are I wanted to give him as much time as possible to sort himself out. He’s already taken 5 months but I feel this is because it suits him not to move.
Advice with anyone who has experienced anything similar or has legal expertise would be appreciated?
Bad idea imo. Give the tenant the standard 2 months (plus extra days if posting it) and let them know verbally that you will be as flexible as possible on the date.
If your tenancy agreement is an Assured Short Hold Tenancy, it doesn’t end after the fixed term has run out. It just rolls on to a monthly periodic tenancy until you or the tenant gives notice to end it. If you serve a s21 notice and the tenant doesn’t leave, you will have to seek eviction through the courts. I am led to believe this will take a minimum of 6 months and tenants who are clued up will also stop paying the rent. This is a worse case scenario and it has been known for landlords to offer the tenant money to leave rather than face months of financial hardship.
the tenancy agreement run out 20/12/2022. 2 months notices end in 20/2/2023. they asked extra time to find alternative accommodation, 2nd notice has been served in May and will expire in next week. they sounds won’t leave. so will have to go through the legal procedures.
Hi what’s the reason for not giving 4 months instead of just over two? I’m trying to weigh up which is best so any reasons why not to give 4 would be appreciated
It only may give you (or may not) more flexibility if T is decent and is actively looking for a new place. But how do you know this is the case? Because they say so?
If you give them 4 months notice and they make it clear they’re not moving, you’re then stuck with not being able to apply for a court order for 4 months, which will then take about another 4 months to get to court and a further couple of months to get a bailiff. If you stick with the standard 2 months notice, you can apply once it expires.
I had section 21 but i was decent witj the property… if the tenant is as bad as you say id give two months as he legally does not have to move at the end date, if he cant fund anywhere or goes to the council they will tell him to stay put and wait for court action which can take months to process so he could still be living there next year and theres nothing you can do … i manage to find a place a week before my section 21 ended i didn’t want to cause problems but i think by what you’ve written your going to have problems id definitely do 2 months and hope hes out by November
Most landlords will wish to avoid s8 claims as long as s21 is svailable because it usually takes longer to get a court hearing and its too easily defended with spurious disrepair claims.
