Should I ask my tenant to leave or serve a S21?

Follow these steps

1 Notify the tenant with two days notice that you are doing an LL inspection

2 Give them a copy of your inspection report and items which need repairing which are at their cost, items which you need to attend to and estimated costs of their costs and responsibilities.

Highlight any breach of contracts, and if the dog has obviously been there but not on the inspection day you can note smells stains damage that would’ve been caused by dog or animal.

3 write to the Tenant and tell them they are in breach of the tenancy by having a dog. If that is a condition within the AST. If you have a guarantor, also write to the guarantor copying the letter to the Tenant.

4 Serve the section 21 but!!!!!

5 if you use an agent the agent can do this, I would say that if the agent is managing your property why have they allowed the dog and therefore they are in breach of their contract and not managing properly correctly

If you find this, you should write to them saying that they are in breach of their contract by allowing a dog to be in your property and not taking the appropriate actions for compliance of the rental agreement.

6 Mark is actually right. You do need some landlord training and the reason for this is you could be digging yourself a very big hole. I suggest you join the landlords association. RNLA On there, you’ll find lots of useful information and forms to use in contract, et cetera if you wish to manage the property yourself. But I would advise you to make sure you have all your ducks in the line.

To serve a section 21 you need to ensure that you have complied with all legislative requirements. If you don’t know what this is then you’re in trouble if not done and you cannot serve a section 21. .

The agent, if they did, should have a form signed by the tenant to say that they received all the necessary legislative documents and have seen the appropriate certifications.

If not already done, I would suggest you ask for a copy of all those documents as your right as a landlord and the agent as legal representative With the Tenant.

7 you haven’t stated what sort of contract you have with your agent, but I suggest you read it thoroughly so you fully understand the legal implications.

More so their responsibilities under the contract to you.

8 being your landlord, you have to be up-to-date with legislation and your responsibilities. No landlord can just leave it up to an agent, there are still legal responsibilities as a landlord.

9 if you don’t know already make sure you know where the security deposit is lodged and if the agents name, I suggest you open an account in your name and ask them to transfer the deposit to your account. If you don’t know how to do the deposit that’s where your 1st training needs to be.

There’s enough here for you to be getting on with

Reply to the comment left by Stuart Rothwell at 11/05/2024 – 08:45
Thank you Stuart. I agree with you completely about avoiding court unless no choice. Thank you for sharing your story.

Reply to the comment left by RoseD at 07/05/2024 – 11:30
I agree with this approach. Communication with the tenant to a an end date to the tenancy in my experience has always worked well.

Reply to the comment left by Southern Boyuk at 11/05/2024 – 08:53
Thank you. I have a copy of all documents and all documents required to support a s21. The deposit is protected (but with agent) I did ask Mydeposits if this could be transferred but they said no! I am overseeing the agency constantly. Thank you I had not thought about the agent being in breach!

I always attend with agent during visits. They don’t complete any paperwork during the visit but they confirmed everything is recorded? I’ve ask for a copy of 1st inspection. Agent confirmed tenant received all sign up info but I’ll ask to see the signed form and ask docs to be sent again just before s21 issued.

Fully managed!

Thank you for taking the time to write all the above points, I really do appreciate it. I was advised don’t need NRLA if fully managed, I disagree and will join and attend training.

Reply to the comment left by SteveFowkes at 07/05/2024 – 14:37
I regret that your comment has made your position worse. We all have to start somewhere and gradually acquire knowledge. This is a forum to help people acquire expertise not to criticise those with less knowledge.

Reply to the comment left by Mark Porter at 07/05/2024 – 11:43
100% Mark, no shaming here and only helping others. May we be remembered for those we helped along the way.

If the tenant is in breach on contract then I believe the process is to issue a section 8, stating reason, as you are 11months away from end of contract. Having a pets in the property may now be allowed , unless a clause is in the AST. A chance may be in the renters reform bill will is going through parliament process at moment. Once you issue any notice you have the chance that the tenants will stop paying, it may take 6 months to go through the eviction process so better to tread carefully, so write to first asking them to correct the issues, setting a dated,and referring to AST.? If you wish to self manage, PaTMa.co.uk will help with compliance, managing rents, expenses, tasks and tax.

Reply to the comment left by Pete England – PaTMa Property Management at 12/05/2024 – 12:18
Thanks Pete. If the tenants stops paying or there is any ASB I’ll consider S8. As the RRB has not been yet passed and it could be Autumn or later if they stick to only abolishment of s21 once the court system is in order, along with the minimum of 6 months notice to LL for existing tenancy, I will just about have time to serve s21 in March, fingers crossed. NO domestic pets is in the agreement, can ask LL and LL can decline if reasonable. A letter will be going to the tenant from head office, but I’ll ensure I know the content. I’m hopeful I’ve experienced the worst to press and managing the tenant closely with regular inspections will help to reduce any further issues?!??

Reply to the comment left by Alison Clark at 12/05/2024 – 16:23
It’s difficult to recover any debt and trace where ever they settle. You really need to engage a specialist debt recovery professional if it gets to this stage.

Reply to the comment left by Alison Clark at 12/05/2024 – 16:23
It’s difficult to recover any debt and trace where ever they settle. You really need to engage a specialist debt recovery professional if it gets to this stage.