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Advice re Tenant

Last post 18 Jun 2008, 1:05 PM by kaz1967. 4 replies.
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  •  18 Jun 2008, 10:51 AM 517589

    Advice re Tenant

    Hi,

     I have a tenant on a 12 month ast agreement that runs out at the end of July.

     She was late paying the first two months and I had to keep chasing....then things settled down and I got the rent on time until this June.  Rent was due 1st and I am still chasing......a bit concerned that she will just leave at the end of July and be owing me two months rent......I have called numerous times but plan on actually calling at the house tonight for a cheque.

    I need to know how I stand at the end of the lease.

     I had planned to simply renew as she wants to stay.  Now I am having second thoughts.  Do I need to give her proper notice that I don't want to continue with a new lease after the end of July or will a simple letter suffice?  Also, what is the position if she doens't vacate at the end of the lease?

     Never had this happen before....and hoping it won't come to this

     

    thanks


    www.fairytalefashions.co.uk
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  •  18 Jun 2008, 12:18 PM 517653 in reply to 517589

    Re: Advice re Tenant

    if she aint paying she can't stay !!!   simple as ......... 

     

    Dont renew the tenancy - it will then go onto a Statutory Periodic Tenancy - which means you can give her two months notice, and she can give you one months notice. 

    i would give her notice  - issue a Section 21 and get rid  - you dont need to be banging on doors to get paid.  Take a witness with you - otherwise she may call your visit harrassment.  you will need to be very professional in all this.

     

    have you got a deposit ?  

     

    i would join national landlords association and get their help in completing a Section 21 notice  -  if you get it wrong by poor self-completion - you pay £150 to the court to try to get a Possession order, and if one date is wrong on the form , the judge throws it out and you start all over again with another £150 

     

    membership of NLA is a tax deductible expense and you also get cheaper house insurance as  a member.  

     

    good luck  


    Clottie The Positive
    “Windswept and interesting”

    The Somerset-Lancashire lady

    Aviatrix extraordinaire !


  •  18 Jun 2008, 12:33 PM 517669 in reply to 517653

    Re: Advice re Tenant

    Thanks....my gut feeling was also to get rid.

     If I call tonight for a cheque and hand her the section 21 notice am I ok to date the notice 19 June 2008 for vacant possession on the 20 August 2008?  Her 12 month lease is up on 31st July 2008.

     I will also join the landlords association - thanks for the info.

     

     


    www.fairytalefashions.co.uk
  •  18 Jun 2008, 12:55 PM 517692 in reply to 517669

    Re: Advice re Tenant

    "am I ok to date the notice 19 June 2008 for vacant possession on the 20 August 2008?  Her 12 month lease is up on 31st July 2008."

     

    no  - dates must coincide with the rental period  - what is the start date on the tenancy agreement

     

    you cannot issue a Section 21 if the deposit is not protected which is why i asked about the deposit  

     

    karen may i suggest that you do a  lot of reading on www.landlordzone.co.uk forum before going to see her  and issuing a Section 21 - there are some fantastic posts on there re the exact detail required.

     

    but also -  search on here for DavidA 's  posts - he is THE utterly butterly SP whizzkid  !!!! 


    Clottie The Positive
    “Windswept and interesting”

    The Somerset-Lancashire lady

    Aviatrix extraordinaire !


  •  18 Jun 2008, 1:05 PM 517700 in reply to 517692

    Re: Advice re Tenant

    Yes...the deposit is in a proper deposit scheme.

     

    I thought the dates only had to coincide with the rental periods if her ast had already run out and she was a periodic tenant......but maybe I have misread this.....will do some more reading up.

     Her agreement was 12 months from 1 Aug 2007 to 31 July 2008 so I had thought if I give her s 21 notice today then I could give the vacant possesion date as 20th Aug........I must have misunderstood something......will get reading again.


    www.fairytalefashions.co.uk
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