Notice to Quit – 3 Named Tenants, one vacated already
I have a BTL property in which three tenants (a couple and a cousin) have resided since July 2012, so it is currently periodic. I need to regain possession of the property for my recently married son and his wife.
The tenants’ deposit is protected via My Deposits.
The cousin left several months ago as the couple had had a baby and needed the second bedroom. The cousin now lives elsewhere. The prescribed information was not re-issued to cover her departure. Will this affect the validity of the Section 21 notice which I need to issue to the couple?
I then would like to allow my son and his wife to live at the property rent free.
Would that have any tax implications?
I presume I can still offset my running costs such as maintenance costs, gas safety etc. across the rest of my property portfolio?
Thanks
Malcolm
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Member Since July 2013 - Comments: 1434
9:34 AM, 19th June 2015, About 11 years ago
Reply to the comment left by “Malcolm Ingham” at “19/06/2015 – 07:43“:
I believe that notice to quit by tenant has to be in writing.
That means (I believe) on paper and signed, or by email.
SMS does not count.
If my belief is correct, then the original tenancy continues.
HOWEVER, written notice may have been given to your agent, in which case the tenancy ended and a new tenancy created.
Member Since July 2013 - Comments: 233
2:07 PM, 19th June 2015, About 11 years ago
Reply to the comment left by “Malcolm Ingham” at “19/06/2015 – 07:43“:
Tenants regularly discuss their ‘intention’ to leave, often repeatedly and then do nothing about it. Unless they give the required notice on a particular date in the form described in the tenancy agreement then they have not given formal notice. Therefore I think you still have the original tenancy in force.
Member Since July 2013 - Comments: 1266 - Articles: 1
7:46 PM, 19th June 2015, About 11 years ago
Ian, Romain and Jay are right. You cannot claim expenses from HMRC if you let to your son rent free, nor can you add them to expenses for other properties. You could declare a market rent and pay tax on that in which case you could claim them. This is what I do in a similar situation. Whether your son pays it or not is between yourselves.
Also it is usually not permitted for a family member to live in a B2L property as it would have to be a regulated mortgage as Mark has said.
You might want to sort this out before giving your tenants notice as it may not fly.
I have to say your son is very fortunate!