Ok need some guidance in terms of terminating arrangement with existing tenant
Hasn’t paid 1 months rent and 2nd month coming up as due shortly. Currently in month 7 of 12 month short hold tenancy can I give notice to vacate and start the courts process for eviction / recovery of rent is the recovery of rent element part of this claim or a separate consideration through Small claims court?
Just need a little guidance!
You need to give 6 months notice so yes you could serve a s21 now as it will expire after fixed term. It is best to speak to tenant first though to see if acceptable solution can be found.
You would normally wait until after the tenant leaves to recover unpaid rent through court as deposit would cover at least part of it.
Has that extended then due to Covid as was led to believe it was 2 months notice before. Would you then communicate with the tenant and start the proceedings if an amicable situation can’t be brought now. Not particularly keen sitting on it for a year potentially to get sorted out…
Yes, the notice period was extended due to covid.
I would discuss with them and if they aren’t able to pay or at least come up with a credible plan on how they will pay then it is probably best to give the notice to start the ball rolling. It is 6 months notice and if they dont leave after that you are probably looking at a further 12 months after the notice to enforce via the courts so even if you start now you may be in for a long wait.
Nothing to stop you serving a precautionary s21 notice now but letting the tenant know that you won’t progress it if you can agree a payment plan that they stick to.
Yes I guess that’s a good precaution to take in the given circumstances. As the initial term is ending shortly I gather it would roll on after that unless I serve notice now regardless?
Thanks for all the help by the way!