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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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HI, I HAVE A PROBLEM WITH A TENANT IN MY FLATS, THEY ARE RESIDENTIAL

Resolved Question:

HI, I HAVE A PROBLEM WITH A TENANT IN MY FLATS, THEY ARE RESIDENTIAL IN WINTER , TOURIST IN SUMMER. I HAVE TOLD A TENANT I NEED THEM TO MOVE OUT AT THE START OF MARCH IN A LETTER ON HEADED COMPANY PAPER. I HAVE SPECIFIED DATE (MAY 12TH) IN EMAIL. THE TENANT HAS ACCEPTED THIS AND ASKED FOR REFERENCES AND EARLY RETURN OF £540 DEPOSIT WHICH I HAVE PROVIDED TO MAKE THINGS EASIER FOR MOVE. I HAVE ALSO OFFERED RENT REDUCTION DEAL FOR THE FINAL FOUR WEEKS. THE TENANT IS ON HOUSING AND DISABILITY BENEFIT. A FEW DAYS AFTER THIS I TOOK A BOOKING FOR THE SAME FLAT FOR JUNE 2 IN GOOD FAITH EXPECTING FLAT TO BE EMPTY

NOW WE ARE CLOSER TO MOVE DATE I ASKED ALL TENANTS TO SIGN A LETTER CONFIRMING THEY WOULD MOVE OUT BY MAY 12TH, EVERYONE ELSE HAS SIGNED EXCEPT HER. SHE IS NOW SAYING SHE IS OK TO MOVE OUT BUT THE COUNCIL ARE BLOCKING BECAUSE THEY SAY SHE IS INITIATING THE MOVE WHICH WOULD AFFECT HER BENEFITS. SHE IS ALSO SAYING THE COUNCIL HAVE TOLD HER TO STOP COMMUNICATING WITH ME. SHE ALSO TOOK MONEY OUT OF THE LAST RENT PAYMENT WITHOUT AUTHORISATION TO COVER MONEY I OWED HER FOR WORK DONE ON FLAT.

AS SHE IS NOW CAUSING A PROBLEM I ASKED HER TO SIGN CONFIRMATION LETTER OR RETURN THE £540 DEPOSIT , SHE HAS REFUSED TO DO EITHER AND IS NOW VERY DIFFICULT TO GET HOLD OFF. HER LEASE EXPIRED EARLY MARCH.

WHAT I NEED TO KNOW IS

WHAT LEGAL STANDING DOES THE COMBINED.... LETTER ON HEADED PAPER / EMAIL SPECIFYING DATE / HER REQUEST FOR AND ACCEPTANCE OF DEPOSIT AND REFERENCES / ME TAKING A JUNE 2 BOOKING IN GOOD FAITH HAVE

AM I ENTITLED TO THE £540 DEPOSIT BACK AND HOW DO I APPLY PRESSURE TO GET IT

CAN I INCREASE THE RENT TO APPLY PRESSURE ON HER TO MOVE , WHAT IS THE PROPER LEGAL PROCEDURE FOR DOING THIS AND WHAT IS THE REALISITC MAX

SHOULD I USE A SECTION 8 OR SECTION 21 AND ON WHAT GROUNDS

DOES HER HOLDING BACK RENT CONSTITUTE GROUNDS FOR CRIMINAL PROCEEDINGS OR IS IT A CIVIL MATTER

IF SHE AGREES TO MOVE OUT AND I HAVE INITIATED THE MOVE IN WRITING (MARCH 2)CAN THE COUNCIL INTEREFERE AND BLOCK BENEITS IF THERE IS NO SECTION 8 OR 21 ON RECORD

PLEASE MAKE GENERAL COMMENT AS YOU SEE FIT

THANKS
MATT
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. When does the fixed term of the tenancy agreement expire?
Kind regards.
Tom
Customer: replied 2 years ago.
the tenancy was 6 month from sept 10th so march 10th
Expert:  Thomas replied 2 years ago.
So the tenancy term has expired?

Have you served a s21 notice requiring possession after the fixed term or not?

Tom
Customer: replied 2 years ago.
no, just the letter on headed paper, as both parties agreed i didnt think there would be a problem and this would have legal standing
Expert:  Thomas replied 2 years ago.

Hi
Thanks for your reply
The reason that she is having difficulties with the local authority and why she is now being difficult is because she has not received the correct form of notice from you in order to end the tenancy. This is why the LA have a problem with is.
An agreement between you all is not appropriate evidence for her to pass to her LA and is also not enforceable by you in a court to get possession of yoru property.

Therefore you need to serve a s21(4)(a) Housing Act 1988 notice upon them in order to bring the tenancy (which is now a statutory periodic tenancy because the previous fixed term has expired. The notice period for this is two months and it must expire on the final day of a rent period. This website explains it quite well under the heading “Periodic Tenancies”:-
http://www.letlink.co.uk/letting-factsheets/factsheets/factsheet-21-section-21-notice-requiring-possession-of-an-assured-shorthold-tenancy.html
Therefore you must serve a s21 notice upon them. You can download a template from any of the online providers and they should also give you guidance on how to serve the notice.
The problem is that we are not un April. Therefore the earliest you could have the notice expire is the 9th July (two months = May> June, June>July).
You should serve the notice as soon as possible.
I’m afraid that if you have released the deposit to them, albeit based upon your own misapprehension of the rules relating to tenancies, then you probably cannot ask for it back now.
If the tenant’s have not paid their rent persistently late and are not in two months arrears of rent then I cannot see that you have a s8 ground available to you either.
Furthermore, if you have executed a tenancy agreement with new tenants then you may end up putting yourself in breach of contract with them if you cannot give vacant possession of the property at the date of the start of the fixed term.
I am really sorry I could not have better news for you, I’m pretty sure this is exactly what you did not want to hear.
If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.
If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 2 years ago.
thank you , if i raise rent to increase pressure what is realistic max and what is proper procedure

current rent is £128/wk for large grnd flr 1 bed to include use of wi fi , all utilities plus parking space

can i split it and charge separately for rent /util/wi fi/ pking , where can i find full guidance

if this needs to be a new question no problem ,

thanks
matt
Expert:  Thomas replied 2 years ago.
Hi Matt,

You can't raise the rent. The tenancy is a statutory periodic tenants which means that the old fixed term continues on the same terms as previous (including the fixed rate of rent) except that it does so from month to month.

Any attempt to raise the rent would be completely unenforceable in my view and would look terrible in front of a judge.

Trust this clarifies, please click accept. I will continue to answer your follow up questions relating to this topic.

Kind regards,

Tom
Customer: replied 2 years ago.
hi,

what would be the earliest i could raise rent by giving full notice to discourage any thoughts of staying in long term, what would be the cap

if wi fi and parking space are not specifically mentioned on lease can i discontinue those

am i able to adjust / increase the amount of rent covering utilities because of price rises

thanks
matt

Expert:  Thomas replied 2 years ago.
Hi Matt,

If you agreed verbally with them that they could use wi/fi parking space then I would not discontinue these. They could claim that it formed an oral condition of the contract (ie. the tenancy agreement)

You can only raise rent above what was agreed if you issue a new tenancy agreement.

The issue is their occupation. Sort that out and then deal with your preferred terms (rent, wife etc) in a new tenancy agreement to new tenants.

Please click accept.

Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6594
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 4 other UK Property Law Specialists are ready to help you

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