UK Landlord Forum / Life

Hi all

My tenant gave me 3 months notice, as she and her kids were moving in with the boyfriend, then 2 days later asked to retract it saying she was not now moving in with boyfriend.   I did agree to retracting.   However, it now transpires that she is still moving in with boyfriend, and will leave the property 'sometime before the end of the year', as they are doing renovations and want  a few more months.  I have someone in mind to take over the tenancy long term.  Am I being fair if I ask her to leave in 4 months time (giving 1 extra month), as I feel she is calling all the shots and I may be left with a property empty over the winter months. 

Should I serve a Section 21 to this effect? 

Sorry am new to this, as she is my first tenant and has been for 3.5 years, been a good tenant, but we have been a good landlord also, not increased rent in that time due to her being single mum.  I have an AST, which has gone on to rolling periodic.

Thanks for reading

Yes, serve a Section 21 (assuming all your admin. is in order) but you mustn't expect them to leave on the date it expires... they might, but the date only allows you to start repossession proceedings if they do not leave. Maybe serve a Section 21 with the minimum timeframe... at least 2 months?

Thanks for your reply, yes I see what you are saying.   I will keep this in mind when issuing the Section 21, think I will do it within  the minimum time frame, gives more room for things not going to plan.  When you say (assuming your admin is in order)  We did the AST with an agent, which was for 12 months 3.5 years ago, then by mutual agreement, decided to just go onto the periodic, so neither of us had to go through the fees with the agent (plus the agent was useless anyway)  The agent has protected the deposit with TPS.  Hopefully, this means we have done everything we should of ......   thanks again for replying.
   

Quote from: Tag on May 02, 2016, 08:22:49 AMThe agent has protected the deposit with TPS.  Hopefully, this means we have done everything we should of ......   thanks again for replying.

Indeed. It's not unheard of for Agents to make mistakes regarding deposit protection that put your Section 21 at risk of failure. However, that only matters if the issue comes to Court - if the Tenant leaves as you hope, then it's a non-issue.

Think I'll check tomorrow, as I know we left it to the agent to put it into the TPS.  Thanks again for your help.