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 9 months ago 66

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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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Alison Clark

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17:32 PM, 5th January 2025, About 2 weeks ago

Reply to the comment left by Freda Blogs at 03/01/2025 - 12:40
Hi Freda. Yes I will. Thank you.

It’s quiet at the moment and the tenant is paying the rent on time. We understand a pet is still at the property as a couple of months ago the agent was late meeting my husband at the property, (husband was doing a repair and had left the property same time as the tenant) Agent informed me he could hear a pet and did see it through a door window. Agent advised given we need access for the final inspection 1st Feb to discuss this face to face with the tenant during the inspection (tenant is always very slow at responding to visits and access is not easy) I believe this is due to having to attend to various arrangements beforehand eg, pet out of the property, cleaning inside/out.

I’ve had mixed advice regarding attending the inspection. If I visit jointly with the branch manager the tenant seems to engage. If it’s one of the female staff he’s less engaging! I don’t want to visit as I find him awkward and confrontational, but equally I think this is an important visit and a good opportunity to discuss we are selling the property. The tenant has mentioned twice to the agent he is looking for a bigger property but nothing so far has materialised. S21 will be given in March, fixed term ends 27/5/25 and I’m really looking forward to gaining back the property.

Alison Clark

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15:08 PM, 16th January 2025, About 6 days ago

Hi all. My final property inspection is this Tuesday with the agent. I’ve decided to attend.

Tenant has been sent a letter in November informing him this is due and to respond (no response) and now 2 weeks notice with a day and time with the option to reschedule if this is not suitable. (No response as yet?) We will be attending if no response.

With regards s21, I want to give the tenant more than the 2 months notice (ideally on Tuesday discuss our plans to sell) but equally not sure how he will react to this as I’ve read some tenants stop paying their rent and damage the property. Surely if the tenant stops paying I can then service a mandatory s8 along with the s21and this will not be good for the tenants credit reference.

Should the agent serve the notice say in February giving 3months notice approx (fixed term ends 27/5/25) and not mention anything on Tuesday. This should also be in time before RRB! This has been a difficult tenancy, so I’m trying to be very thorough as always, so close to the end date! Any thoughts please? Thank you. 😊

Reluctant Landlord

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15:36 PM, 16th January 2025, About 6 days ago

Look at it this way.
All that is required is a S21 - it is the legal and formal method of requesting to vacate. It is not a demand. It gives them notice of your intention. There is nothing stopping you giving your reasons in a covering letter if you wish if you feel the need. I would stick to the 2 months notice as the norm.

You could explain that you will be more than happy to give him a positive reference in advance of him leaving to help with his future applications.

Its always a risk, but if you are selling then you need to bite the bullet and not delay.

Londonlad

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15:55 PM, 16th January 2025, About 6 days ago

Reply to the comment left by Reluctant Landlord at 16/01/2025 - 15:36
Promising to give a positive reference to an appalling tenant would be quite wrong. Offer him an honest reference by all means but don't make him someone else's problem.

Alison Clark

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7:27 AM, 17th January 2025, About 5 days ago

Reply to the comment left by Reluctant Landlord at 16/01/2025 - 15:36
Thank you. I like the idea of issuing a letter with the s21. Although agent did mention often tenants call up asking why they have been served s21 and they are happy to share it’s due to landlord selling. I will see how the inspection visit plays out! Thanks again.

Alison Clark

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7:30 AM, 17th January 2025, About 5 days ago

Reply to the comment left by Londonlad at 16/01/2025 - 15:55
Thank you. Yes I understand your point!!

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