UK Landlord Forum / Life

Hi, I am a landlady and have had a tenant in a property of mine for 18months, contract was for 6 months so been on a month by month since , no problem, but now want to sell . Issued her with the correct letter, which she took to council , they informed her need the deposit certificate or it was not worth the paper written on. I unfortunately did forget to put her money in a deposit account.. I have since deposited it. What do I have to do to get her to move out ?

Return the deposit. Serve a Section 21.

Is it that easy?

Yeah. They can still bring a case against you, though, and be assured of winning, but that's a different topic (and you'll have plenty of money from the sale, so it shouldn't hurt too much).

I'd probably consider incentivising them to go quietly. Pragmatism and all that. Even easier.

Thankyou very much. I east question do I have rondo a new section 21 with another 2 months notice ?

Yes, if that's what you're going to do, your previous attempt was invalid.

Brilliant your a star Thankyou so much..

When I serve the new form can I do it for one month as on a rolling contract now?

Quote from: Luxuryj on August 12, 2016, 04:35:19 PM
When I serve the new form can I do it for one month as on a rolling contract now?

If you are on a rolling contract it has to be 2.  1 for the tenant, 2 for the landlord.  Always has been.  I feel you need to educate yourself, what you think you know is right, is wrong.

Thankyou, I'm just going to hand her deposit  back and give her 2 months notice .
As the other guy suggested . Also give her notice of a rent increase, or is this not allowed also?

Why would you?  You must give 1 months notice of any proposed increase and you want them out in 2.

Quote from: Luxuryj on August 13, 2016, 06:42:50 AMAlso give her notice of a rent increase, or is this not allowed also?

If you mean retrospectively - then no. If you mean with appropriate notice for some time in the future then the question you've been asked is a sensible one.

I ask this question as I know she has gone to the council, they have told her that she doesn't have to move out after the two months notice I have given her.. That she should make me take her to court, this is I believe is so she  makes herself homeless for a council house. If this is the case I would like to put the rent up whilst she is still there giving her one months notice .
I have learnt a big lesson and won't be doing this again .

Well, if you want to raise the rent then I'd consider doing it via a Section 13 notice. It seems like you think you have a tricky Tenant on your hands and you want to use this as added incentive for them to move on. Use a Section 13 but don't increase it by any ludicrous amount, otherwise that just provides further ammunition for the Tenant. The Council's advice is correct - but that's no different to any other situation. A Section 21 expiring does not end the tenancy, just allows the Landlord to commence possession proceedings - this is how it has been since it was introduced, nothing is new or different in your scenario. Any Tenant has the right to remain in a property until they are evicted by virtue of the Landlord having a Court Order... Section 21 is really just a nicety. Most people are served one and most people leave when, or before, it expires.