Ending an AST Agreement

Reply to the comment left by "Industry Observer " at "03/02/2014 - 15:51":

I would respectfully suggest that you look words up before making arrogant and condescending comments, which are not adding value to the thread, and which are perhaps more telling of their author than of their target.

Indeed

Suffice to say Romain that I will not comment on any thread where you do. I have better things to do with valuable time that debate sematics with you.

No matter what anyone says you seem to need to make a comment, perhaps liking to see you comments in written word as much as sound of your own voice in your constant efforts to have the last word on everything.

I will exchange with you no further Sir, I'm out.

Thanks Vanessa. Yes we have a lot of guidance for landlords on notices (and all the forms). If the tenant is going to take it to the Council you need to be sure it is right.

But if you can buy them out, as Vanessa suggests, that could save a lot of time. It can take four to six months or more to evict a tenant through the courts and Local Authorities usually advise tenants to stay until they are evicted.

I agree with Mark that you should talk to the tenant asap to explain what you are going to do and why, and only then serve the section 21 notice.

I would advise just refering to section 21 and avoid refering to the sub-section. remember to state that you want posession "after [last day of tenancy as per agreement]"; in your case this appears to be "after 24 April 2014".

However I notice that you say both
a) tenancy ends 24 April and
b) you intend to move in 24 April.
It cannot be both: the tenant has the right to the property until midnight on the last day of the tenancy.

Hi All

Just maybe the tenant is a decent person who moves when asked then there is no stress or worries.

Ok, tell me this folks:

If the tenancy ends on the 24th April 2014 for example, and the tenant has done nothing to imply they are staying longer, gives the impression they will move out on the said date, so the landlord expects them to move out on that date:
the Landlord would regain the property, and has sorted everything out to move in as expected on 25th April! - great.

But then, the tenant doesn't move out on 24th April,
does the landlord now have to serve 2 months notice, just before a rent due date, ie 23rd May, and wait 2 months for his property...
...if the tenant stays put, then it's a visit to the court after that as well.

- Is that right.?

Reply to the comment left by "Jeremy Smith" at "09/02/2014 - 00:53":

Hi Jeremy

Almost right, and two months ago you would have been spot on.

However, since the Court of Appeal case of Spencer vs Taylor a section 21.1.b notice can now be served at any time during or after the fixed term has expired and regardless of dates. Therefore, the notice could be served on the 25th April and technically a possession hearing could be sought on 26th June.

However, why not do as I said and serve the notice immediately. If the tenant doesn't move out on the 25th the landlord could immediately apply for a possession hearing without having to wait any longer.

All of this is somewhat academic back covering of course because as Neil Robb has said, this tenant might well be one of the 99% of tenants who are perfect reasonable folk. Best to be safe than sorry though hey?
.

Reply to the comment left by "Mark Alexander" at "09/02/2014 - 08:49":

Mark,
When you say "However, why not do as I said and serve the notice immediately."

- Do you mean "immediately", being at least 2 months prior to the tenancy ending? since you need to give a clear 2 months notice.
- Is that right ?

Have I missed something along the line here, in what situation do you need to give 2 months notice "just before a rent due date"? - or has that gone out the window now ?

Yes, the tenant may be perfectly reasonable, so that's why you would take their word for it, and not go round serving "notice to quit" notices during the term.
It may be that their new place falls through and they suddenly have to stay longer !

Reply to the comment left by "Jeremy Smith" at "09/02/2014 - 11:36":

As soon as you know that you want the property back
1. go talk to the tenant to explain the situation.
2. Issue section 21 notice stating the date after which you require posession (last day of the fixed term), being at least 2 months in the future.

Therefore do this NOW so that if the tenant does not move out at the end of the fixed term you can start court action immediately rather than having to wait another two months or more.

If you talk nicely to the tenant and are on reasonable terms with him/her, then it is likely that the tenant will go without any trouble.
The more notice ypu give the tenant, the more likely it is that he/she will think you are a nice bloke find somewhere else.

Reply to the comment left by "Michael Barnes " at "09/02/2014 - 13:29":

Dear Michael,
In case you thought my questions were to do with a situation that I have, I personally do not have any tenant I wish to evict, mine are all VERY well behaved and are also very well looked after !

I was just trying to be clear as to what, exactly, Mark was saying, Re Spencer vs. Taylor case.
I can see that we still need to give two clear months notice before we can apply for a possession order, but we don't have to serve it at any particular time with respect to the rent due date, is that correct?

My single question is:
Does the rent due date and the date of serving a notice to quit have any relevance to each other now in any situation, or is that completely out the window now?