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I have a long term tenant I need to give notice to - correct way to do this?

Started by maghome214, November 03, 2020, 02:44:24 PM

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maghome214

Hello fellow landlords.
I have a friend who lives in a house I own and has done for 13 years. He effectively pays the mortgage which is about a third of the market rent. In all respects there is a relationship of landlord & tenant.
I now need to sell the property so have to ask him to leave but I need to make it formal to ensure that this happens in a timely manner (i.e. 6 months).
There has never been a shorthold tenancy agreement and there is nothing 'in writing' - just a verbal agreement that he covers the mortgage and other costs (e.g. landlord insurance). He has in the past (several years ago) missed payments due to hardship but for the last few years has paid more or less on time.
Would a Section 21 be the right method for eviction? Or is there another way I should formalise this?
My friend/the tenant is aware that I need to sell but the timing isn't really right for him - hence I want to formalise it.
I know, I know..... never rent to a friend or family member!
Any help much appreciated.
M


heavykarma

Provided  you have given all the necessary documents to him in the past,protected any deposit (if applicable) and provided necessary  gas/electricity certificates,you should go ahead with S21.I hope you won't have a problem,Good Luck!

DPT

From what you've said you would probably not meet the pre-conditions for using s21, the so-called no fault notice. If I were you I would keep it informal, but be aware that if he goes to the Council for help, they will advise him to stay put.

Revo

You could of course help him to find somewhere new offer to cover deposit + removal costs + provide references for a future rental agreement in return for a smooth departure.

heavykarma

Even without a contract,after 13 years of paying rent and having it accepted,a legal  tenancy is presumed to exist surely? Therefore S 21 would be the correct route to end this?