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

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.

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. ?

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.

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.

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.

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

Reply to the comment left by Alison Clark at 05/01/2025 – 17:32
Hi all/Freda. Need some advice today.

Well the tenant was not home yesterday when I arrived with the agent for the final inspection. Agent left a note to get in touch and coincidentally whilst in the estate agents this morning the tenant called up. Following emails and letter through the door he stated he was not aware of the visit!

Whilst the agent tried to reschedule the tenant said the landlord wasn’t welcome (no reason just wasn’t welcome) agent thought this was his legal right. Upsetting I could not believe I was being refused access to my own property following all my legal notice obligations. Thankfully I insisted a call to head office where they confirmed I have every right to attend!

My query is am I going to jeopardise access for the final visit by attending (he may cancel or just not be available when we arrive.)

Thank you

Reply to the comment left by Alison Clark at 22/01/2025 – 13:03
Hi all can anyone offer any advice please to the above! I’ve been doing some research and it seems I need the tenants consent to visit however the agreement states access providing notice is given, is permitted.

I have no idea why the tenant has suddenly stated we are not welcome! He is happy for the agent to visit.

Thank you.

Personally, I would suggest you leave it to your agent. They will keep things impersonal and professional. If the tenant doesn’t want you there your best course of action is to stay away. Your agent can handle anything you need communicating to the tenant, serve any notice, take photos for you etc.

For future reference, if I have a situation where I think a tenant might not bother replying to a request for access, I usually phrase it in such a way that it’s a firm appointment. I say something like, “if you’re unable to be present, we’re happy to use our keys to carry out the inspection/work in your absence. If this appointment is not convenient, just let us know and we’ll be happy to rearrange.” This tells the tenant that ignoring the notice isn’t an option. If they don’t answer the door when you knock they know you are coming in with a key, so if they don’t want you coming in, they either need to be there and refuse access at the door, or get in touch with you in advance to put you off.

Reply to the comment left by Kate Mellor at 24/01/2025 – 01:34
Thank you Kate.

If only I had a good agent (I’m fully managed) my BTL would not be has stressful combined with a difficult tenant. My first inspection no paperwork was completed. Second visit was by a third party as agent was so behind with inspections and I wasn’t notified of the arrangements (photographs were missed and a damaged door.) As this is the final inspection I am grateful the tenant is engaging albeit at a very slow pace with the agent (I just wish the agent fully understood the tenancy agreement and stood up to the tenant.)

I have typed up a check list, but whether this will make any difference I do not know. Although I feel aggrieved the tenant thinks I have no right to access the property, a request that I visit with the agent may have a reverse effect and the last thing I need is the tenant stops engaging and I go to court to gain access.