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 7 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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Marlena Topple

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11:29 AM, 10th May 2024, About 7 months ago

The more information you reveal the more concerning this situation appears to be. You say he has potentially domestic violence issues, anger issues and has resisted arrest. I strongly question the wisdom of you speaking to him directly and feel worried for your safety should you decide to do so. I would work through your agent to get this person out. I understand they are not responsive to you.. Ring and insist on an appointment with a senior person to talk through a strategy. Although it is tempting to get involved when agents are not good you actually make things worse because you caused confusion and uncertainty about who is doing what.

Alison Clark

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11:43 AM, 10th May 2024, About 7 months ago

Reply to the comment left by Marlena Topple at 10/05/2024 - 11:29
Yes I agree Phil and thank you for your concern.

No it’s not YM.

I’ll contact head office today.

Is it ok to keep talking!! 😊

Alison Clark

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11:43 AM, 10th May 2024, About 7 months ago

Reply to the comment left by Alison Clark at 10/05/2024 - 11:43
Apologies Marlena.

Phil Landlord

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14:48 PM, 10th May 2024, About 7 months ago

Reply to the comment left by Marlena Topple at 10/05/2024 - 11:29
I had to look up DV…..started reflecting. Agree with Marlene….like I was saying use the agent, particularly as your tenant isn’t reliable or safe to be around.

I have been lucky so far….and where there have been issues, including evictions and arrears, I have had reserves (financial and mental) to take the hit and move on.

My reflection is my gold shares are up 40% this year….and the way the gov keep printing money that will continue albeit not in a straight line. My savings earning just over 5% in an easy tax free ISA and slowly I have been selling property.

That’s not helpful to you but I think I will continue on that path and reduce my property holdings to a much lower level because it all sounds like far too much hassle for a few quid.

Alison Clark

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15:04 PM, 10th May 2024, About 7 months ago

Reply to the comment left by Phil Landlord at 10/05/2024 - 14:48
Thank you Phil. Head office are now involved and we have a strategy moving forward.

Good luck with your properties!

JC

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8:03 AM, 11th May 2024, About 7 months ago

Without delay issue both a section 21 notice together with a section 8 notice stating any issues that relate to a breach of the AST.
Do not think further, act immediately.
You will need to issue 3 warning letters, which will cost you 3 weeks of your life. warning, warning, final warning, issue notices. That is the ironclad process. Do not become embroiled in an argument with the tenant/s and do not respond in anger to any form of contact. You must address any maintenance issue promptly even if caused by the tenant/s. If you need further advice, feel free to contact me at SAS Letting Agents Ltd, or here on property118

SteveFowkes

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8:10 AM, 11th May 2024, About 7 months ago

Just issue Section 21

Never issue S8

Stuart Rothwell

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8:26 AM, 11th May 2024, About 7 months ago

Reply to the comment left by SteveFowkes at 11/05/2024 - 08:10
Might be helpful to give a reason?

Alison Clark

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8:34 AM, 11th May 2024, About 7 months ago

Reply to the comment left by JC at 11/05/2024 - 08:03
Morning. I was unaware of the warning letters but thankfully this is something I asked the head office to do yesterday. Unfortunately this is a fixed term, no break clause! Which agent forget to include! 18 mth (11 month remaining until we can serve s21)

Every ground is discretionary (paying rent at the moment ) unless s8 Police provide an update we may have a mandatory ground from his DV and outcome of resisting arrest.

Im on with gathering quotes for new radiators and will continue to manage anything else reported! The door from the forced entry which the tenant said he would pay for if the Police refused is my main focus. Fortunately it locks and is secure. I worried this will happen again (anonymous caller requesting welfare visit, tenant takes sleeping meds,) so another forced entry could happen, another new door.) tenant refused a key safe. I notified the Police I have a key and agent. Wondering whether neighbour/tenant would agree to have a spare?! Thank you.

Stuart Rothwell

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8:45 AM, 11th May 2024, About 7 months ago

Reply to the comment left by Alison Clark at 07/05/2024 - 16:22
Hi, I can't see that a conviction falls into any of the 8 mandatory grounds under a section 8 notice. Although it would be nice (for you) if it did?
Seems as a new landlord you have been really unlucky with this tenant.
It's an interesting journey as a landlord. The last tenant I had who left a property went to prison for sexual assault. He told me he would be going and signed over the deposit to me before he went away. Still left the place in a mess but at least had been paying rent for 8 yrs.
I have in the past worked as a freelance county court advocate and can confirm that judges are very reluctant to kick a tenant out. As a result I would try to avoid court if at all possible, although in the end you may be left with no choice.
Good luck, I hope it works out for you!

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