1 year ago | 10 comments
Hi, I need to regain possession of my tenanted property to live in myself. I gave my tenants two months’ notice back in September, as per our tenancy agreement, which will expire on November 27th. I’ve recently split from my partner and am battling cancer, and I’ve always kept the rent well below the market rate for the area.
I’ve always got along quite well with my tenants but they’ve just messaged to tell me they won’t be moved out in time and their attitude has turned really nasty. They’ve offered to pay me more rent, coupled with a veiled threat that if I don’t allow them to stay, they will use the courts against me, even though they know my condition is worsening and I need somewhere to live myself.
I can live with my son for a few weeks but after that I’m homeless and I haven’t come out of my relationship with any money as such.
I am unsure of what to do should I give them more time or offer an additional 2 months and serve notices? Also, the tenants are on what seems like a forever holiday in India so can I serve notices via email or WhatsApp? Where can I find Section 21 and Section 8 templates to fill in myself?
Thanks,
Godfrey
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Member Since September 2024 - Comments: 95
2:21 PM, 18th November 2024, About 1 year ago
Reply to the comment left by Lisa008 at 17/11/2024 – 14:36
Thanks Lisa,
I’m humbled by the support and understanding I’m receiving on here.
Kind regards
Godfrey
Member Since October 2020 - Comments: 1137
2:35 PM, 20th November 2024, About 1 year ago
Godfrey, your lack of knowledge of housing law is scary. A deed of surrender has to be executed at the moment of departure or it is of no effect. Anything else the tenant writes promising to leave is of no legal effect unless it is a formal notice to quit, but it needs to be valid and I fear you wouldn’t know if it was.
Member Since September 2024 - Comments: 95
4:44 PM, 22nd November 2024, About 1 year ago
I’ve already sent a Deed of Surrender notice to the tenant and asked them to sign and date for 2 months time with say the 01st Feb 2025 and return it to me now will that not be enough? Tenants have agreed to this via WhatsApp and promised to move out by this date.
I’ve never done this before and every which way I turn seems to be on the side of the tenants. I just need my home back so I have somewhere to live.
Member Since January 2020 - Comments: 559
4:53 PM, 22nd November 2024, About 1 year ago
Godfrey
Please see the comments above from myself and others, then please get some professional advice.
I am sorry to say that you are dealing with things in a very haphazard fashion and yet the outcome is so important to you.
You risk being disappointed when the tenant fails to move in February and will have lost two more months.
Member Since September 2024 - Comments: 95
4:54 PM, 22nd November 2024, About 1 year ago
Reply to the comment left by DPT at 20/11/2024 – 14:35
I’ve already sent a Deed of Surrender notice to the tenant and asked them to sign and date for 2 months time with say the 01st Feb 2025 and return it to me now will that not be enough? Tenants have agreed to this via WhatsApp and promised to move out by this date.
I’ve never done this before and every which way I turn seems to be on the side of the tenants. I just need my home back so I have somewhere to live.
So how do I write a Notice to Quit or find a Template for one?
Member Since September 2024 - Comments: 95
4:57 PM, 22nd November 2024, About 1 year ago
Reply to the comment left by Graham Bowcock at 22/11/2024 – 16:53
Grahame, I have no doubt you’re right. I don’t have a clue.
Do you know how I write a Notice to Quit or find a Template for one?
Member Since January 2020 - Comments: 559
4:58 PM, 22nd November 2024, About 1 year ago
Reply to the comment left by Godfrey Jones at 22/11/2024 – 16:54
Godfrey
Are you legally compliant and able to serve a s21 notice? If not it is possible (likely) that you cannot use this route. Hopefully you did everything right at the start and can therefore use s21.
You may be able to sue ground 8, but this will depend on your precise circumstances.
I’m afraid that there’s more to serving notices than downloading templates.
Member Since August 2016 - Comments: 1190
7:09 PM, 22nd November 2024, About 1 year ago
Reply to the comment left by Godfrey Jones at 22/11/2024 – 16:54The Deed Of Surrender needs to be signed and witnessed on the day the tenant(s) move out. It should be signed inside the property by the tenant(s) and yourself as landlord at the same. And it needs to be witnessed otherwise it will not be classed as a deed and the document will be invalid. At the same time the keys need to be handed to you by the tenant(s).
You will of course need to have correctly served a Section 21 notice on the tenants at least two months beforehand.
As you don’t have a scooby doo about what you’re doing instruct a specialist eviction firm without any further delay.
Member Since October 2020 - Comments: 1137
10:34 AM, 24th November 2024, About 1 year ago
Reply to the comment left by Godfrey Jones at 22/11/2024 – 16:57
If you’ve managed to source a proper deed of surrender, then take it around there with a witness on the day that’s agreed they’ll leave and everyone signs as the tenant leaves.
Member Since September 2024 - Comments: 95
3:04 PM, 24th November 2024, About 1 year ago
Reply to the comment left by Dylan Morris at 22/11/2024 – 19:09
Can you recommend any in the Wolverhampton area?