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end of a tenancy

Started by brian w, June 09, 2023, 06:30:23 PM

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brian w

I am new to being a landlord and i have a tenant whos tenacy is due to end in approx 1 month i told him 2 months ago i would not be renewing with him.
few reasons why damage to the property, noisy parties, having family living with him who arnt on the lease, and general mess of the property
he is now asking for a section 21 notice he says to take to the council to help with re housing do i have to issue this?
im not evicting him just not renewing and ive been told he has no intention of leaving
If i take it through the courts how long does the process take and how much will all this cost?
is there any other route i can legally take?
Thankyou in advance

CJ64

The way an Assured Shorthold Tenancy (AST) works is that it starts with a fixed term period usually 6/12 months. This is the Assured part of the tenancy contract where the landlord cannot serve notice to end the agreement without good cause. At the end of the fixed term period, the tenancy automatically rolls on to a monthly periodic tenancy without the need for a landlord to renew the tenancy. This means that you have to serve notice to end the agreement. I have no personal experience of an eviction although from what I have read if the tenant doesn't leave the property
(the council will advise them to stay put until they are evicted by the bailiffs) it will go to court and will take a minimum of 6 months assuming the S21 notice is served correctly. If the landlords paperwork (compliance docs and deposit protection etc) is not 100% correct the judge will likely throw it out and you will have to start over. It might be best to seek some professional advice.

Good luck

brian w


HandyMan

Quote from: brian w on June 09, 2023, 06:30:23 PM
I am new to being a landlord and i have a tenant whos tenacy is due to end in approx 1 month i told him 2 months ago i would not be renewing with him.
...

OMG, you are so far out of your depth.

You have wasted 2 months by just telling your tenant that you won't be renewing.

It would appear that you did no prior research into the issues you might face as a landlord and the processes you must follow.

I'd echo CJ64's comment to seek professional advice from a reputable Eviction Service.

You are very likely stuck with this tenant for a long time now.

heavykarma

I am really hoping that you have carried out all the legal duties of a landlord.These include deposit protection,issuing prescribed information,giving relevant gas/electrics inspection documents.Only if you have everything in order can you issue s21.Given your total lack of understanding -eg.thinking that not renewing is all you have to do -I would also advise seeking a specialist eviction service. If you try to do this yourself to save money it could cost you much more in the long run.