Exchanged on a property and the Tenant won't leave.....

[tomsugden]

randlemarcus said:

I think, though am willing to be corrected, that you cannot use a TDS protected deposit to reclaim outstanding rent arrears. Doesn't make sense to me as a tenant, but hey.

Don't think that is true, they let me keep the entire deposit when my tenant left, and hadn't paid rent in 6 months.

[Rangeroverover]

The cheapest way out is to offer enough to cover their first month and deposit on somewhere new to live and give a glowing reference.

ask your solicitor if as they were aware of the tenant that it becomes the buyers problem after exchange

[Steve H]

garyhun said:

Countdown said:

Steve H said:

What is the best source of general information to read up on on the whole letting process (from the landlords POV)?

I may be buying a BTL quite soon with a sitting tenant who I believe is on a monthly contract at the moment but I've no idea how this all works and obviously need to be doing the right things in the right order!!

I find these a good source of help and information

http://www.propertyhawk.co.uk/

Only had to do one eviction so far but found these guys really transparent and helpful

http://www.landlordslawyer.co.uk/

And this:

http://www.landlordzone.co.uk/

Thanks chaps, time for some studying

[mk1fan]

ali_kat said:

yes:

Plus usually contracts have a clause in them that basically allow the LL to serve S21 at any point within it.

LL can serve a S21 at any point during the tenancy nowt to do with the contract, its statute.

Also S21 IS NOT a Notice To Quit and can not be used to shorten a contract term.

[TheLordJohn]

Rangeroverover said:

The cheapest way out is to offer enough to cover their first month and deposit on somewhere new to live and give a glowing reference.

ask your solicitor if as they were aware of the tenant that it becomes the buyers problem after exchange

Don't give a glowing reference, as that's a s trick.
OFFER to give a glowing reference, if you like, but don't be the bellend that puts another LL in the same position you were.

[ali_kat]

mk1fan said:

ali_kat said:

yes:

Plus usually contracts have a clause in them that basically allow the LL to serve S21 at any point within it.

LL can serve a S21 at any point during the tenancy nowt to do with the contract, its statute.

Also S21 IS NOT a Notice To Quit and can not be used to shorten a contract term.

:shrug:

I just remember our Agent explaining that the contract had a break clause in it, that worked for us & the LL where after 6m we could be given notice to vacate/could give notice we would vacate in 30 days (from date of payment date); this she says is to enable to house to be sold with vacant possession or for us to give notice should we need to move.

[mk1fan]

Break clauses are another kettle of fish

[BGARK]

I was considering serving a section 21 on a couple of tenants I have in a shared property, however since the changes to the law on the 1st October it looks like I have some reading up to do first!

[dazwalsh]

Not sure if the new legislation has changed this since october 1st but i issue section 21 notices on the tenancy start date, they are valid for the whole time tenant is in property so that way some time down the line when they want to try and live in your house for free you can inform them that they haved already signed for the notice and you will be heading into court with papers the following morning.

Its still an expensive time consuming process but having one chunky part of the formality out of the way certainly helps.

EDIT - just skimmed over the new rules, and what i have said above is now void. bds. Time to find a new loophole

Edited by dazwalsh on Wednesday 7th October 23:58

[Mobile Chicane]

Countdown said:

Mobile Chicane said:

batmanreturns said:

Ok, quick update. The tenant moved out after blackmailing us for £3000 which now means completion can take place as planned today.

Alternatively, you could look at it from the tenant's point of view, whereby it's compensation for having to pay letting agent fees, deposit and rent in advance on a new property while they don't as yet have their deposit back from you.

Most of those (letting agent fees, deposit and rent in advance on a new property)would be the tenant's normal expenditure. They're not extra costs being incurred. It's a bit like saying the LL should pay his gas/electric/food bills for the next 6th months because he's being asked to move out.

What planet are you on?

While the tenant doesn't yet have their existing deposit back from the landlord, they're being asked to pay yet another deposit, plus another set of letting agent fees.

Read the recent threads: this can comprise two months rent up-front as a deposit plus many hundreds of pounds in fees.

Depending on your circumstances - on a fixed-term contract etc - you may have to pay six months rent in advance. I had to fork out a total of £8k to move into my last house.

Thankfully I had the funds, however willy-waving aside I wonder how many PHers could find £8k at a moment's notice.

[V8RX7]

Mobile Chicane said:

I wonder how many PHers could find £8k at a moment's notice.

It might take two moments, I'd have to look in my sock drawer and down the back of the sofa.

Worst case, I might have to send the Butler out.