Should I ask my tenant to leave or serve a S21?
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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Member Since January 2016 - Comments: 473
10:36 AM, 7th May 2024, About 2 years ago
If it were me I would serve the S21 regardless. The tenant might say they will give you written notice then not do it leaving you more uncertainty.
As for your managing agent, check the contract you signed with them. Does it say anything about notice periods or anything that implies you can’t just say goodbye when this tenant goes?
Member Since February 2021 - Comments: 106
11:07 AM, 7th May 2024, About 2 years ago
I think you need some LL training….
Member Since September 2022 - Comments: 198
11:30 AM, 7th May 2024, About 2 years ago
Hiya
If this was me I’d be making it clear by discussion about 3 months prior to end of contract I’d not be extending tenancy. It’s always professional to communicate intentions with tenant even if you wish to extend tenancy. That way everyone knows where they are. It also gives plenty of time to look for alternative options which should create a smooth end to agreement. I also allow early release if they do find somewhere sooner (altho I know I’m leaving myself exposed to comments) because it’s the fair thing to do and given your concerns about this tenant you want your place back with the minimal damage and disruption. If they haven’t tendered notice to vacate I’d be issuing documents in line with tenancy agreement.
Member Since June 2023 - Comments: 6
11:43 AM, 7th May 2024, About 2 years ago
Reply to the comment left by SteveFowkes at 07/05/2024 – 11:07
That’s not helpful Steve.
Lots of people use this forum to ask for advice however the implied tone of your answer may put people off asking again or for the first time in the future.
You could have easily said the same thing in a more constructive way that supports your fellow landlords rather than making them feel inadequate.
Not all landlords have lots of experience (that you may have) and asking for help should be something we all feel safe to do.
If you can’t be nice, don’t say anything.
Member Since August 2017 - Comments: 25
11:47 AM, 7th May 2024, About 2 years ago
Reply to the comment left by Mark Porter at 07/05/2024 – 11:43
Well said Mark!
Member Since July 2013 - Comments: 305
12:16 PM, 7th May 2024, About 2 years ago
Reply to the comment left by Mark Porter at 07/05/2024 – 11:43
Quite agree Mark. Fortunately, most people on here are willing to give helpful advice.
Member Since September 2023 - Comments: 335
1:14 PM, 7th May 2024, About 2 years ago
Section 21 and you could offer a carrot and tell them if they leave you will let them off with the cost of fixing damage and if they choose to go through courts section 8 them and claim all repair work costs .
Member Since March 2022 - Comments: 365
1:59 PM, 7th May 2024, About 2 years ago
Reply to the comment left by Michael Booth at 07/05/2024 – 13:14
And they won’t get a CCJ which could well stop them renting in future. Also without a CCJ the Council may be able to help them (in as far as Councils can help anybody)
Member Since February 2021 - Comments: 106
2:37 PM, 7th May 2024, About 2 years ago
Reply to the comment left by Mark Porter at 07/05/2024 – 11:43
On the contrary it was helpful!
One only has to type in Google/ YouTube landlord training and there’s a multitude of help..
It’s not difficult – and it’s largely free…
I’m aghast at the number of naive LLs who enter the sector – particularly the fiscally naive ones…the tax payer is left picking up the bill… personally I have no sympathy
Member Since September 2021 - Comments: 213
2:43 PM, 7th May 2024, About 2 years ago
Question asked:
“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.”
The tenant does not have to give you notice at the end of a fixed term tenancy.
Please google: effluxion of time.