Notice to Quit – 3 Named Tenants, one vacated already

Notice to Quit – 3 Named Tenants, one vacated already

16:12 PM, 15th June 2015, About 10 years ago 23

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I have a BTL property in which three tenants (a couple and a cousin) have resided since July 2012, so it is currently periodic. I need to regain possession of the property for my recently married son and his wife. Notice to Quit - 3 Named Tenants, one vacated already

The tenants’ deposit is protected via My Deposits.

The cousin left several months ago as the couple had had a baby and needed the second bedroom. The cousin now lives elsewhere. The prescribed information was not re-issued to cover her departure. Will this affect the validity of the Section 21 notice which I need to issue to the couple?

I then would like to allow my son and his wife to live at the property rent free.

Would that have any tax implications?

I presume I can still offset my running costs such as maintenance costs, gas safety etc. across the rest of my property portfolio?

Thanks

Malcolm


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Robert M

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12:03 PM, 17th June 2015, About 10 years ago

I would have thought the cousin could (in theory) move back in if no new documents have been signed. I would consider serving notice on all three parties on the written agreement. You could accompany this with a letter explaining that as neither party has asked for a new agreement the original terms apply so you have to include her.

You cannot claim costs against tax for a property occupied by your family.

Ian Ringrose

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12:24 PM, 17th June 2015, About 10 years ago

-> You cannot claim costs against tax for a property occupied by your family.

Wrong, you can, but only up to the level of the rent paid.

Malcolm

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13:31 PM, 17th June 2015, About 10 years ago

Comment in reply to Ian Ringrose:

I did agree to her leaving, and she gave notice.

Ian Ringrose

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13:42 PM, 17th June 2015, About 10 years ago

Reply to the comment left by "Malcolm Ingham" at "17/06/2015 - 13:31":

Then you do most likely have a new tenancy. So need to return the deposit to the 3 tenants.

Given the cost of getting this wrong, I think you should be paying someone like LandlordAction for advice.

Steve Masters

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14:50 PM, 17th June 2015, About 10 years ago

My understanding of the 6 months rule is that a court order can't be given in the first six months of OCCUPATION and does not come into play in this situation as your existing tenants have been in occupation since 2012.

Paul Franklin

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15:56 PM, 17th June 2015, About 10 years ago

Just to note a Notice to Quit and a Section 21 notice are 2 different things.

I know this isn't helpful at all to your question but just saying 😉

Recardo

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17:43 PM, 18th June 2015, About 10 years ago

I would serve a section 21 on all tree tenants. If no notice to quit was given number 3 is still there and free to return, maybe he went on a world trip like my daughter did 2 years ago for a whole year. I couldn't rent her room because I new she was returning, but no rent (keep) was paid in her absence. Did he give notice and ask for a third of his deposit back? if not maybe he did not leave.

If others here think a new tenancy was formed although you had no notice to quit, then what of your old inventory, does it exist. can they trash the house because no new inventory was provided, which it would have if someone left and you gave a new tenancy?

Malcolm

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17:56 PM, 18th June 2015, About 10 years ago

The cousin gave me notice of her intention to quit but did not ask for any deposit back, though she may have asked the other two tenants for that.
The old inventory still exists and is unchanged. The reason I did not set up a new tenancy was because the agent wanted to charge £125 to the remaining tenants as well as a smaller charge to me. I did not want to burden them with that as they had the expense of a new baby to cope with. I have since visited of course, and there is no problem with the inventory described condition of the property.

Recardo

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18:28 PM, 18th June 2015, About 10 years ago

Was the cousins notice to quit given in writing and also countersigned by the remaining pair. If so I would think the tenancy carried on the same, and the original inventory.

Mark Romain and others may have their opinions as more experienced than me.

If they feel a new tenancy was created under these circumstances then the old inventory is also void.

I had a couple that wanted to serrate a while ago. The woman and kids wanted to stay (supported by the council (HB) on a periodic). The male partner signed a letter stating that he was giving up his tenancy in favour or the woman, and not requiring a deposit back as she was remaining. She also signed to say she was staying on under the periodic tenancy and the original inventory would stay in force.

Similar situation, one tenant and kid remaining on the same terms, original inventory, and deposit. Does this create a new tenancy for me because a couple want to separate and I am willing to help the mum and young kids?

Malcolm

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7:43 AM, 19th June 2015, About 10 years ago

The intention to quit was given to me by the cousin by SMS, and then discussed by phone and email. No specific date was agreed but she did leave.

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