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

Reply to the comment left by Alison Clark at 07/05/2024 - 16:31"Effluxion of time
This is a lovely old lawyer’s phrase! It means that the tenancy has come to its natural end. So if you have a tenancy which is for six months from 1 January, then on 30 June the tenancy will end by effluxion of time.
If the tenant stays on, then in most cases the tenancy will continue. With an AST (Assured Shorthold Tenancy) agreement it will continue because section 5 of the Housing Act 1988 says it will. With a common law tenancy it will continue because the parties will be assumed to have agreed to this by the tenant staying in occupation and the landlord by accepting rent.
However, if the tenant moves out just before the end of the fixed term, say (in our example) on June 29, then the tenancy will end at the end of the fixed term on June 30th. They don’t have to give the landlord any notice about this, the tenancy will just end automatically.
Landlords get absolutely infuriated by this. “I need at least two months notice to arrange for the checkout meeting and for the property to be re-let in order to avoid voids”, one landlord said to me recently. Well, that is, I am afraid, tough luck. The law says the tenant doesn’t have to give any notice, not if they leave at the end of the fixed term.
If the landlord puts a clause into his tenancy agreement requiring notice then the Office of Fair Trading have confirmed in their Guidance on Unfair Terms in Tenancy Agreements that such a clause will be void under the Unfair Terms in Consumer Contracts Regulations. Certainly any attempt to claim money in lieu of notice from tenants will not succeed.
If the tenants stay just one day AFTER the end of the fixed term it is different. They are then (with an AST at least) into a periodic tenancy and must give the proper notice, generally one month, but not if they leave at the end of the fixed term. Sorry!"
Read the full article here: https://www.property118.com/the-various-and-wondrous-ways-that-tenancies-end/
Tessa Shepperson, the author of this quote is a property lawyer and has written a helpful series of articles for Property 118, linked at the bottom of this article. Be aware that they were written some time ago, so newer regulations need to be taken into consideration, but there aren't any relevant changes affecting this topic.

Reply to the comment left by Marlena Topple at 07/05/2024 - 17:10
Thank you soooo much!!

Reply to the comment left by Kate Mellor at 08/05/2024 - 15:50
Thank you!

Reply to the comment left by Kate Mellor at 08/05/2024 - 15:50
Hi
I don’t know about being lovely, but I am an old lawyer, who replied briefly to a legal question.

Reply to the comment left by SCP at 08/05/2024 - 17:47
Yes, well I can’t possibly comment on your loveliness, never having met you, but your advice was very helpful 😁

You mention the property is managed, a dog, damage and wanting the tenant out. Now this can all go very smoothly or it might not.

Personally, whilst I would be happy to speak to them nicely and tell them what is planned, if I had been paying a letting agent then I would then ask the them to serve the S21 on your behalf….its more formal and what they are paid to do. Also when the tenant rings with queries, ie furniture, dates, bonds, rates, utilities, mail then they ring the agent. It’s their job.

When you get the property back you can relet but try imagine what it is like ‘managing it on your own’ when you have a real problem tenant. If you are inexperienced perhaps rethink on that…..that does not mean keep a management agent but rather really think about the cost and what benefit it gives you.

Reply to the comment left by Phil Landlord at 10/05/2024 - 07:39
Hi Phil, thank you for your advice. I understand re staying with an agent. It’s a difficult choice as the office staff do t seem to have much letting experience, the branch manager is always really busy and out on viewings, the letting directors who is my main contact now, I’ve never met, works from another town, head office is in Manchester. I just haven’t really thought about this aspect. I suppose I can always change agents once this tenant leaves and yes agent have said they will serve s21 in March 2025, this just seems soooo long. I thought at the time a 18mth fixed term seemed positive (not paying more fees after 6mths etc) I was never advised about anything and they even missed out a break clause I asked for. None of this typically would matter, until you have a problem tenant. My gut is saying probably keep with the agent for this tenancy term DONT pay their withdrawal fee and leave.

I’m going to visit the next door neighbour today whose property is attached, to see how things are going. I’m also going to discuss an early release date with the tenant in a few weeks, I think I would rather do this face to face apposed to agent sending an email.

I am really annoyed about the Police forced entry and the fact the tenant hasn’t paid the contractor call out repair bill (it’s in his name) when he leaves this could come to me I’m guessing??? and I also have to pay for changing the door? Any advice Phil please. Thank you 😊

I must have missed the “police forced entry” or what that relates to.

The door should be the tenants issue if the entry was lawful and due to tenants behaviour….not sure why you even have a copy of the bill? I would have asked tenant to sort the fix and the bill.
You shouldn’t pay it but if it were a small amount ie rent £1200 pcm, door bill £60 then I would take a view particularly if you want to use the same tradesman again. Then keep that from the bond.

Many will tell you what you are entitled to….but being entitled and knowing the tenant is in the wrong won’t help much.

My advice is to ensure the agent earns their money, gets involved particularly if they sourced the tenant, gives advice, ensure they are visible to the tenant so the tenant feels things are official/professional and if they are going to stay another 12 months until served then keep the status quo and get as much money from them as possible by way of rent.

Reply to the comment left by Phil Landlord at 10/05/2024 - 09:40
Thank you. The forced entry is yet another incident. Welfare call. Tenant was inside the property, sleeping after taking a sleeping pill. He was arrested for resisting arrest. I’m trying to get updates so maybe the outcome would be a mandatory ground ? Agent also received an anonymous caller distressed saying he was in court for DV? Again agent said due to the call being anonymous they couldn’t do anything. Lady was very distressed over the phone. Door bill…..tenant showed me the bill and quoted that the police are paying for the call out and also for the door, but had no evidence of this, hence took a photo of the bill. I’ve asked the agent to clarify with the police if it’s true they are paying?? Tenant had previously mentioned if the police don’t pay he will?!?!?!? My feeling is he needs to pay the call out bill and I’m responsible for a new door!!!!

Reply to the comment left by Alison Clark at 10/05/2024 - 10:05
Out of curiosity does your agent have the initials YM ?