UK Landlord Forum / Life

Hi Landlords,

I bought a BTL property a month back with a tenant whose AST expires on 3rd March 2015.
The existing tenancy agreement is in the name of the tenant and previous landlord, with estate agent as the middle man.

As I was thinking of drawing a new 1 year AST, I didn't get an amended agreement with my name and the tenant.

Now the other residents in the block of flat has reported a complaint to the management company that my tenant was involved in a suspicious activity.
The tenant had a couple of guys come into his flat through the fire exit at night and then one of them went back to the car through the fire exit, then came back.
They then went into the terrace and "smoked" for an hour.

Now that I am suspicious as to what the tenant exactly does for a living, I want him out. I dont think the agent did any credit checks on him, but just took the money for it.

My questions are :

1. Though the AST is the "old one" (between tenant and previous landlord), can I serve a section 21 to leave, giving him 2 months notice? I did serve the notice informing that I am the new landlord and the deposit is protected in my DPS account (got it moved from the agent's DPS). Or should I get an amendment to the existing contract signed before I serve a section 21?

2. Should I tell him about the complaint made to the management company as a reason while serving section 21, as we were kind of going to get a new 1 year AST in place.

Any advice is much appreciated.
Please share or point to the any section 21 and amendment templates.

Thanks.

Seems harsh evicting them for using a fire escape door.  But it's your property.  Don't mention the reason in your section 21.

Thanks Riptide.

The residents seems to think it was a drug deal in a very small scale, using the fire exits to come to the flat (his visitors) and then going to the roof of the building and smoking.
These guys dont even live there!

Should I get an amended contract signed before I serve section 21? The current AST is with the tenant and previous landlord and will end 3rd March 2015.

Please advice.

Hi,

As far as I am aware the only person who can serve the section 21 notice is the named person on the contract,

Quote from: Newbie_Landlord on January 23, 2015, 04:50:34 PM

The residents seems to think it was a drug deal in a very small scale, using the fire exits to come to the flat (his visitors) and then going to the roof of the building and smoking.
These guys dont even live there!

Should I get an amended contract signed before I serve section 21? The current AST is with the tenant and previous landlord and will end 3rd March 2015.

Please advice.

So some friends popped around with some cannabis and instead of stinking the flat out they went where they caused no harm to others.  Worse things have happened at sea, but if they are tenants who pay their rent on time and don't cause you hassle I suppose it's enough reason to get rid of them and look for new tenants ho may not pay their rent on time.  But it's your property I guess.

Your reply made me laugh. I take your point that he pays the rent on time. But from what I have learned, he doesn't even have a job and maybe doing this cannabis stuff for money!

Can you please answer the below:

Should I get an amended contract signed before I serve section 21? The current AST is with the tenant and previous landlord and will end 3rd March 2015.

Thanks for the responses

If you get a new contract say for 6 months then you can serve notice for the end of the term..... It will take you 6 months to get them out...... If you get the named person on the contract now to serve notice I'm sure it will be quicker!

are you now using the same letting agent? They should be able to help you and to advise on what checks they carried out....

Just because someone has complained about the current tenant doesn't nessaserly mean it's true, never assume what you hear are the real facts, for all you know it could be an argument over a car parking space and they have chosen to fight dirty!

Quote from: Newbie_Landlord on January 23, 2015, 09:55:47 AMNow the other residents in the block of flat has reported a complaint to the management company that my tenant was involved in a suspicious activity.

I think this is a bit insane, and sounds unfair.

You seem willing (eager, even) to evict someone from their home because of an accusation - that may be baseless - from someone else (who you may or may not know) who might bear a grudge against your Tenant... that someone might be a complete busybody, always interfering in the lives of others.

You are going to flounder a bit here anyway... you are asking whether you should inform the Tenant of the reason why you're hitting them with a Section 21? Well, that's the whole point of a Section 21 - it's a no fault / no reason / no justification ability for a Landlord to evict a Tenant if all the requirements have been met. Why on earth would anyone want to use a Section 21 then add the reason to it - "oh, I'm unhappy about what you might, or might not, do for a living, therefore I want you out"... there may be troubles ahead with this idea.

What new 'contract' do you think you might want to sign with the Tenant - would it be a new AST with a new 6 month fixed term? If so, well, that kinda scuppers your Section 21 idea, I think. If there's no further fixed term, and it's a new fixed term that's desirable to them, then what's the point of the Tenant signing anything? They might as well just say - "ah, we'll just let it go to a SPT" and you'll be there, thinking - "er, I would really like you to sign this contract with my name on it, so I can evict you in a neater way in due course... as soon as I can" - talk about Greeks bearing gifts! That's what I call being a bit underhand.

Can I ask whether you served the Tenant with the correct notice when you took over this property from the old Landlord? Have a look at Section 3 of the Landlord and Tenant Act 1985... if you did not inform the Tenants as per - "the new landlord shall give notice in writing of the assignment, and of his name and address, to the tenant not later than the next day on which rent is payable under the tenancy" then you have committed an offence and you can be fined. If you have informed the Tenant, correctly, that you are now the Landlord then the existing tenancy agreement is completely fine, it's just the Landlord's name on it that will be out of date, but you will be covered for any course of action you want to take by your notice to the Tenant of you being their new Landlord.

As a new Landlord you can ask the Tenant to sign a new agreement, but they do not have to.

Thank you for the replies above.

I just need to clarify that all of the activities that I have mentioned above - use of fire escape and smoking etc has been recorded on CCTV. 
The management company recently installed CCTV after some complaints.

I might be naive in my thinking here since I am pretty much new to the buy to let world.

I was wondering how this guy affords rent - maybe it is none of my business since its been paid in regularly for 8 months to the previous landlord and was paid in on time to my account, twice so far.

Hippogriff - I did inform him that I am the new landlord after taking over the property.   
So all is fine as far as that is concerned.

The current contract expires on 3rd March.

Is it possible to have a addendum to the existing tenancy agreement (between the previous landlord and the tenant) signed and keep it as a periodic tenancy agreement after the 3rd of March?  In that case, can I have a one month rolling contract in place?

Once again, thank you for your time.

The current contract does not expire in March, rather the fixed term comes to an end and then it, automatically, becomes a SPT.

Guys,

Thanks for your time so far.
Can you answer the below please?

Is it possible to have a addendum to the existing tenancy agreement (between the previous landlord and the tenant) signed and keep it as a periodic tenancy agreement after the 3rd of March?  In that case, can I have a one month rolling contract in place?

Thanks

No addendum should be needed, that's what the contracts do as per legislation.  And it would go rolling but that means that you have to give a minimum of 2 months notice and the tenant has to give you one month.  I know you say you are a new landlord, I really think you need to do some reading/research into how property contracts work and the various ways you can terminate them in the future, prior, to you actually needing to do it.  This will save you a whole world of pain going forward.  You need to know more about your business than  a tenant does.

I had already answered that question in my previous post.

Quote from: Hippogriff on January 27, 2015, 09:16:59 AM
I had already answered that question in my previous post.

But I added flesh and didn't use jargon so I think I win 

It certainly seems that way, yes. Hardly seems fair.

But Hippo previously used the phrase

Greeks bearing Gifts..

So he wins.


Sorry.

Thanks guys

Quote from: Newbie_Landlord on January 28, 2015, 04:25:37 PM
Thanks guys

Who won?

You, this time.

Sorry, but you may as well sell the place if you're going to evict somebody because of some completely unproven 'suspicious' activity. 

Most landlords would welcome a tenant that pays on time, suspicious or not.

As your are a newbie landlord, I can almost guarantee you'll look back at some point and wish you still had your rent paying suspicious tenant! 

Thanks Sheriff.

Point noted ;-)