My tenant wants me to issue her a Notice to Leave?
My tenant is a single mother with two children aged 8 and 2. She has been my tenant for the last 3 years. Her rent has always been below market.
This year I suggested that when her annual tenancy expires on 20 April 2025 she pays the market rate (£1250 pcm) if she wants to extend another year. Her response to this was that she did not want to pay £1250 for 2 reasons:
1) She could not afford the £175 pcm rent increase
2) The flat has damp. (She only brought the damp to my attention when I proposed the rent increase.)
Last week she suggested just continuing paying her current rent of £1075 pcm on a rolling basis from 20 April 2025 “until such time as she finds alternative accommodation”.
I visited the flat. The flat does have mould in the 2 bedrooms. This is because there is far too much furniture and clutter in the 2 bedrooms – e.g : 3 wardrobes in one bedroom. This prevents circulation and leads to damp. After discussng this the tenant now recognises the damp in the two bedrooms can be sorted if she reduces the amount of furniture and clutter in the flat and opens the bedroom windows in the mornings.
Today she has sent me an email asking me to give her a Notice to Leave the flat at the end of the tenancy so that she can get ” low cost Council housing which is affordable for a single mum of 2 kids as soon as possible”.
.I would welcome advice/the opinion of any landlords who have come across this situation.
My questions/concerns are: If I do send her this Notice to Leave, given her circumstances described above, how quickly is she likely to get affordable low rent council housing from the local council – e.g: 1 month, 2 months, 3 months or a lot longer than 3 months from receipt of the Notice to Leave?
If she reduces the amount of clutter in the bedrooms the damp problem can be resolved and only the second concern then remains. The second concern is the £175 pm rent increase. She is already receiving benefits. If the damp issue disappears would the council be likely to increase her benefit by £175 pcm so that she can stay in the property?
If I issue her with a Notice to Leave is it likely that I get dragged into a Section 21 eviction and my tenant can then continue to pay her current low rent for many months after her tenancy ends on 21 April?
Any advice on this would be greatly appreciated.
Thanks,
Peter
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Member Since October 2021 - Comments: 62
1:31 PM, 11th March 2025, About 1 year ago
Here.. 1st post is the guy.
https://www.property118.com/tenants-disrepair-claims-after-11-years-a-landlords-nightmare/#comments
Member Since March 2024 - Comments: 4
2:36 PM, 11th March 2025, About 1 year ago
Thank you to everyone who responded to my questions.
There is much good advice in your messages and I now have a better idea how to move forward.
Peter
Member Since July 2013 - Comments: 1996 - Articles: 21
2:55 PM, 11th March 2025, About 1 year ago
I would write an email to her referring to your visit and conversation, stating that you have advised her and that she acknowledges the damp is caused by the furniture and lack of ventilation. Set out that she has asked you to serve a section 21 notice. Ask her to confirm your email is correct and say that as soon as you receive her confirmation you will commence the section 21 process.
Then get a lawyer or an eviction specialist to help you with the eviction, ensuring that all the i’s are dotted and t’s crossed.
Member Since October 2020 - Comments: 1137
3:40 PM, 11th March 2025, About 1 year ago
Reply to the comment left by Ian Narbeth at 11/03/2025 – 14:55
I think that OP would have to word this reply carefully so that it didn’t appear that they are colluding with the tenant in trying to force the local authority to accept them as homeless.
Member Since December 2023 - Comments: 1575
4:49 PM, 11th March 2025, About 1 year ago
You’re the landlord. You choose if and when up to issue Section 8/21.
It can be costly.
Member Since March 2025 - Comments: 1
8:41 PM, 11th March 2025, About 1 year ago
No idea where you are, Council wise, but it sounds like she doesn’t know that she’ll probably be put in very dodgy temporary housing, possibly for over a year and then maybe be offered something.
As soon as she finds that out, the situation might change.
Member Since March 2024 - Comments: 4
9:16 AM, 12th March 2025, About 1 year ago
Reply to the comment left by Mark Knight at 11/03/2025 – 20:41
Thank you Mark.
I have spoken to the Council on this. You are right.
Member Since July 2013 - Comments: 1996 - Articles: 21
12:26 PM, 12th March 2025, About 1 year ago
Reply to the comment left by DPT at 11/03/2025 – 15:40
DPT, I am not suggesting the letter be shown to the Council. It is to protect the OP in case the tenant argues it is a revenge eviction for complaining about damp.
I have had a Council ask that we serve a s21 so that they can re-home a tenant. I think they just tick the box that the tenant has received a s21. The fact that a tenant has requested it should not be relevant to their duty….unless somebody knows different.
Member Since October 2020 - Comments: 1137
12:59 PM, 12th March 2025, About 1 year ago
Reply to the comment left by Ian Narbeth at 12/03/2025 – 12:26I understand why you suggest this and I agree with the reasoning. I am simply saying that it is possible for a Council to take action against a landlord who colludes with a tenant by serving notice solely to gain council accommodation or to be accepted as homeless. My understanding is that although this is uncommon, it could nevertheless be done through a Banning Order.
Member Since January 2015 - Comments: 1435 - Articles: 1
10:10 AM, 15th March 2025, About 1 year ago
Reply to the comment left by Ian Narbeth at 12/03/2025 – 12:26
It is relevant as the Council, as a lack of housing, can find that she deliberately made herself and the children homeless and wash their hands of them.
It’s a different kettle of fish if the Council ask for the LL to issue a s21 – sauce for the goose is not sauce for the gander!