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Notice required

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Author Topic: Notice required  (Read 81 times)
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« on: May 08, 2022, 01:52:45 PM »

Hi. My first post, so new here.
I bought my daughter a house and renting it out to her.
She is on a 1 year lease. This ends soon.
Is it 4 months notice from the end of her 1 year contract date, that is the shortest notice.

Splitting up with wife so daughter could be difficult and squat.
I have Googled it but get varied answers.

Also. She pays 415 per month. If I renewed her contract, what amount can I increase it by.
« Last Edit: May 08, 2022, 02:12:45 PM by duncan h »
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« Reply #1 on: May 08, 2022, 04:31:58 PM »

Is it 4 months notice from the end of her 1 year contract date, that is the shortest notice.

You'd need to issue a Section 21 notice. The shortest notice period is two months but the specified date can't be before the end of the end of the contract date. for the notice to be valid you'll also need to have complied with the regulations regarding deposit protection (if there was a deposit), How to Rent guide, EPC, gas and electrical certificates etc. A flowchart like this one can be handy: https://nearlylegal.co.uk/section-21-flowchart/

Splitting up with wife so daughter could be difficult and squat.

It's important to be aware that a valid eviction notice doesn't mean you can just walk in and take your property back. If your tenant chooses to sit tight you'll need to apply to the courts for a possession order and, if necessary, arrange for a bailiff to enforce it. It's messy at the best of times, even more so with family or friends involved.

Also. She pays 415 per month. If I renewed her contract, what amount can I increase it by.

Firstly, I wouldn't renew her contract. At the end of the contracted period, the tenancy becomes a Statutory Periodic Tenancy, whereby your tenant can leave at one months' notice or you can ask them to leave at two months' notice, as above.

To increase the rent, you can either come to a mutual agreement or, failing that, issue a Section 13 notice: https://www.propertyinvestmentproject.co.uk/blog/notice-of-rent-increase-form/

You can increase the rent by an amount that is fair and reasonable, so if similar properties in the area generally rent for 500 per month, then it would be easy to argue that an extra 85 is fair and reasonable. (Having said that, if the going rate is 1,000 and you've been renting to your daughter at a huge discount because she's family, then doubling the rent probably wouldn't go down very well!)
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« Reply #2 on: May 11, 2022, 05:26:28 PM »

Is it 4 months notice from the end of her 1 year contract date, that is the shortest notice.

You'd need to issue a Section 21 notice. The shortest notice period is two months but the specified date can't be before the end of the end of the contract date. for the notice to be valid you'll also need to have complied with the regulations regarding deposit protection (if there was a deposit), How to Rent guide, EPC, gas and electrical certificates etc. A flowchart like this one can be handy: https://nearlylegal.co.uk/section-21-flowchart/

Splitting up with wife so daughter could be difficult and squat.

I followed the flow chart and it askes if you gave 4 months notice, if answer is NO. Section 21 is invalid

I also read on Government site that if you didnt renew contract, it was auto renewed the same. A 6month contract was the same, or a rolling 1 month contract but they would get squatters rights.
Why did I even bother

It's important to be aware that a valid eviction notice doesn't mean you can just walk in and take your property back. If your tenant chooses to sit tight you'll need to apply to the courts for a possession order and, if necessary, arrange for a bailiff to enforce it. It's messy at the best of times, even more so with family or friends involved.

Also. She pays 415 per month. If I renewed her contract, what amount can I increase it by.

Firstly, I wouldn't renew her contract. At the end of the contracted period, the tenancy becomes a Statutory Periodic Tenancy, whereby your tenant can leave at one months' notice or you can ask them to leave at two months' notice, as above.

To increase the rent, you can either come to a mutual agreement or, failing that, issue a Section 13 notice: https://www.propertyinvestmentproject.co.uk/blog/notice-of-rent-increase-form/

You can increase the rent by an amount that is fair and reasonable, so if similar properties in the area generally rent for 500 per month, then it would be easy to argue that an extra 85 is fair and reasonable. (Having said that, if the going rate is 1,000 and you've been renting to your daughter at a huge discount because she's family, then doubling the rent probably wouldn't go down very well!)
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« Reply #3 on: May 11, 2022, 05:50:29 PM »

How did you arrive at "4 months notice" on the flowchart? Can you tell us which yes/no steps took you there?

Quote
I also read on Government site that if you didnt renew contract, it was auto renewed the same. A 6month contract was the same, or a rolling 1 month contract but they would get squatters rights.
Why did I even bother

No one's a squatter. They would have a tenancy on the same term as before aside from it now being periodic. They have the same obligation to pay rent as before. You can evict them, if you follow the legal process to do so.
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