I need some advice regarding ending tenancy . We have had the tenancy from June last year and have been renewing it every 6 months. The tenant has not maintained the property and garden according to contract and hence we did not want to renew it this year and last month explained this to her and sent a letter explaining the reasons we did not want to renew contract and would like her to move out within 2 months . She agreed and also signed the letter stating she was ok to move. Today she has messaged us that she cannot afford to move privately and the council have asked her for a formal eviction notice to consider her for another property. She has an appointment next week and wants us to send the eviction 21 notice immediately. We have the EPC and gas certificates and house well maintained before she rented. She herself stated that this was the best property she has rented . Regarding eviction 21 is it necessary for me to issue that as i want to be sure if she has an ulterior motive as have heard it can drag on for months. Please advice my options regarding terminating the contract and mutually making the process easy for the tenant and myself.
If you evict it will be months before you get your property back . May be quicker to give he cash just to go
Send a sect 21 immediately if you haven’t and wait for it to expire
Her statement right regarding council as they will not do anything unless things are official. Council might even wait until court decision! Please be careful that there are few requirements for S21 to be valid! Otherwise you might have to start from scratch again. Did you raise rent recently? You might consider a rise if you are below the market value as the RPI hit 12% and she might find unaffordable and move if she has other motives.
@B.Georg. Not wishing to be rude, but you don’t sound like you know what your doing. You are probably going to need help to evict this tenant so I suggest you contact a housing solicitor or an eviction company asap. In the meantime you can check whether any s21 you do serve will be valid by using this flowchart: Section 21 flowchart - Nearly Legal: Housing Law News and Comment
I read between the lines that she is being genuine: she has agreed to go, and the Council is forcing her to stay unnecessarily as they don’t want to get involved until they have to.
Issue a Sect 21 Notice as soon as possible, but ensure you were fully compliant with the law before doing so.
In practice the Council and the tenant may not challenge the Sect 21 Notice, and that will be sufficient proof of intended eviction for the Council to act.
Good luck.
Thanks For all the advice. It is a bit daunting about section 21 , do all landlords have to give it when you want to end tenancy . Some one also commented that the tenant and council may not challenge section 21 . In my case the tenant clearly wants me to issue one . Legally I have no complaints from the tenant or council, also have the EPC and gas safety checks in place . Are there any other prior requirements before issuing the section 21 . Sorry the flow chart is complex.
Thanks
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