Should I ask my tenant to leave or serve a S21?

Should I ask my tenant to leave or serve a S21?

9:58 AM, 7th May 2024, About 2 months ago 54

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Hi. I would like my tenant to leave at the end of their fixed term agreement due to a number of negative reasons like damage to the property and keeping a dog without permission.

To save serving S21 can I ask my tenant if he is leaving and wait for his written notice. If they don’t provide notice, I’ll serve a S21.

Also any advice please regarding agents. Does my fully managed contract automatically come to the end of the fixed term end date? I am thinking of either managing the property myself or going to tenant find.

Thank you,

Alison


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Mark Porter

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14:47 PM, 7th May 2024, About 2 months ago

Again, your comment implies that if someone doesn't know something, they are an idiot.

Your comment makes some good points though:
-There is a multitude of help available, including this forum so help people rather than critisise.
-This forum is also free to ask for and give help
-Rather than be aghast, be helpful and nice

Not everyone has been on your journey and may just need a little help to point them in the right direction to learn more so that in turn, they can go on to help others.

L Bennett

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14:54 PM, 7th May 2024, About 2 months ago

I would say if they are paying consistently and the damage is minor (enough for a deposit to cover)

Then add a clause in the contract that they may keep a dog as long as it causes no issues with noise, being left alone etc Also add in when the rent increases then the deposit must be updated also.

A paying tenant is far better than a defaulting one and pets should strongly be considered. Remember you don't live there and as long as you are in profit then think as business.
Talk to your tenant and come to an agreement.You might be glad you did.

Marlena Topple

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15:30 PM, 7th May 2024, About 2 months ago

I would need to feel that the property is suitable for a dog and the owner has financial means and is responsible enough to care for the animal before giving permission. I would not allow a dog if the owner was out at work leaving the animal at home alone for long periods of time. Other reasons for refusal would be no garden/access to outdoors, HMO tenant, breed/size of dog. My advice would be to trust your instincts and take control of the situation and that for me would be to move this tennant on using S21 while this instrument is still available to you. As the tenant has a dog he/she will find it harder to secure alternative accommodation so I would definitely offer the tennant flexibility in terms of leaving before the lease is up should they find something suitable. As a new LL I joined the NRLA and completed their on line accreditation course. As a member you have access to LL networks, on line resources and a help line.

Alison Clark

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15:52 PM, 7th May 2024, About 2 months ago

Reply to the comment left by Darren Peters at 07/05/2024 - 10:36
Thank you. I agree, I’ll serve notice anyway! I was trying to save the cost, but like you say you need certainty.

I’ll check my contract.

Alison Clark

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16:00 PM, 7th May 2024, About 2 months ago

Reply to the comment left by Mark Porter at 07/05/2024 - 14:47
Thank you for your support Mark.

You are right. Unfortunately, when you are dealing with a stressful situation you over think things and your judgement becomes a little cloudy. I can answer my own questions but it’s good to have reassurance especially from landlords which have issued s21 and gone through the process. It has put me off I’ll be honest sharing my concerns on this forum! I’m only 5 months in and feel like I’m doing a great job staying within LL laws and still trying to be supportive towards my tenant who has breached so many grounds, I’ve lost count.

Alison Clark

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16:03 PM, 7th May 2024, About 2 months ago

Reply to the comment left by L Bennett at 07/05/2024 - 14:54
Thank you.

Deposit will not cover unfortunately!

Great advice. Thank you.

Alison Clark

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16:11 PM, 7th May 2024, About 2 months ago

Reply to the comment left by Marlena Topple at 07/05/2024 - 15:30
Yes the tenant is out for 8/9 hours per day, not suitable to keep a dog. I’ll go with my gut and definitely serve s21, During my last visit (agent was on leave and it is one of those situations where….when the tenant finally replies to the agent and agrees a visit, you dont wish to miss this opportunity to discuss things face to face.) He was very aggressive and during the tenancy he has had 2 court hearings one for DV.

Alison Clark

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16:22 PM, 7th May 2024, About 2 months ago

Reply to the comment left by RoseD at 07/05/2024 - 11:30
Thank you.

Discussing an early release date is on my list do with the tenant.

If I had any mandatory grounds I wouldn’t hesitate to proceed but it’s all discretionary - general advice is don’t waste your money on S8. I’m trying to gather updates from the Police as some convictions are mandatory grounds.

Alison Clark

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16:31 PM, 7th May 2024, About 2 months ago

Reply to the comment left by SCP at 07/05/2024 - 14:43
Thank you. Not heard of effluxion of time. I will do my training now lol! 😊

My question does sound odd now when I read it back. I think it’s because all I read is about LL giving tenants notice and it just made me wonder if tenants inform LL if they intend to leave or not and give notice.

Marlena Topple

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17:10 PM, 7th May 2024, About 2 months ago

Reply to the comment left by Marlena Topple at 07/05/2024 - 15:30
No one is born a good landlord. It takes time to find your way. You have done exactly the right thing in asking for help and not burying your head in the sand. You have lost nothing by doing so and hopefully now feel a bit more confident in your judgement. Please keep reaching out. Most of us have made many mistakes along the way and built our confidence and skills through networking with other landlords who are kind enough to share their experience. Good luck!

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