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  • HMO & Multi-Lets

    Serving a Notice to Quit

    Hi All

     

    I have a 3b multi-let property that is being managed by an agent (whose service has been unimpressive!) but my question is about the timeframe for serving a notice to quit.  I want to get rid of one of the tenants as she's been a bit of a pain lately.  She has been asking the agent for my home address because she is on or wants to apply for benefits as she apparently has a long term neck and back injury.  She moved into the property last October after responding to the advert for working professionals not DSS and she was apparently working at the time so this is the first time that we've heard about her injuries and benefits claim.  I do not want DSS in my property.  Can tenants in multi-let properties be served with notice to quit at anytime?  As I recall, with single family homes landlords have to ensure that the dates are correct and that the last day is just before the date that the rent would have become due.  I know things are slightly different with multi-lets but I just wanted to be sure. 

     

    Also, I definitely want to change letting agent so what is the best way to go about this?  They know that I'm unhappy with their service but I wondered if they could be awkward and refuse to have the tenants' deposit (held by DPS) transferred to me (if I decide to manage the property myself) or to the new agent? 

     

    I have to double-check but I think the letting agent's contract requires 3 months' notice but bearing in mind their terrible service do I really have to comply with this?

     

    I look forward to hearing your expert advice.

     

    Rose

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    The 3 tenants are on separate contracts. I read through the contract and it states that the property will be inspected after 6 months of the tenants moving in and a report submitted but they have not done so - I will use this as a way to terminate the contract asap. This week the agent revealed that they did not collect rent from one of the tenants in January so she is now 2 months in arrears!
    Susanne said:
    what sort of contract do you have.... one for each person .. or all tenants on the same contract....
    re agent... discuss an early termination of contract, but he may not agree
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    Susanne,
    I hate to split hairs however, is it not the case that for a S.8 hearing the judge is bound to give an eviction notice which can be something upto 28 days hence. Further, in the event the tenant fails to comply enforcement needs to be obtained from the bailiffs which can again add a further delay.
    Sorry !
    Rob
    Sourcing genuine property deals in Wakefield and the Five Towns
    Follow me on Twitter @walkerfox
    Read my blog https://walkerfox.wordpress.com/
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    Email: rob@walkerfox.co.uk
    07960 753550
    Northern Property Tribe Next Meeting https://tiny.cc/t9mju

    Susanne said:
    S21 - you have to give 2 months notice to a tenant ending at the end of the rental period, but it cannot end before the fixed term provided the tenant is not in arrears... .... But if she is 2 months in arrears ask the agent to submit a S8 notice tomorrow and in two weeks time you can apply to court and as long as she is more than 8 weeks in arrears on court day the judge will have to evict her..sounds like you need to join national landlords association.. they have a great legal helpline who can help you fill in the forms. and joining fee is tax deductible and you get cheaper insurance and a lot of other discounts.. worth every penny
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    Thank you for your input. I am a member of the RLA and spoke to them last week. The letting agent issued a section 21 when the tenants moved it and posted a section 8 to her a couple of days ago.
    Rose
    Susanne said:
    S21 - you have to give 2 months notice to a tenant ending at the end of the rental period, but it cannot end before the fixed term provided the tenant is not in arrears... .... But if she is 2 months in arrears ask the agent to submit a S8 notice tomorrow and in two weeks time you can apply to court and as long as she is more than 8 weeks in arrears on court day the judge will have to evict her..sounds like you need to join national landlords association.. they have a great legal helpline who can help you fill in the forms. and joining fee is tax deductible and you get cheaper insurance and a lot of other discounts.. worth every penny
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    Rob
    Both S21 and S8 ground 8 (two months unpaid rent) are both mandatory possession, ie the court must give the landlord possession provided all the paperwork is in order, notices have been correctly served and the dates are correct. Beware the slightest error will result in the claim being thrown out…….watch those dates! You should get a 14 day possession order unless there is a reason to give longer due to hardship for whatever reason, if they don’t go on the date set by the court you will as you say have to get a bailiffs appointment from the court which will take another month. However the tenant can go back to the court and ask for longer to find alternative accommodation of up to 46 days. You should get the same result if you use S8 or S21, it makes no odds.
    The downside of S 21 is that you have to give 2 months notice, but if the S21 was served at the start of the tenancy then this is not an issue in this case, but provided the fixed term has ended you will get possession there is no defence unless the notice has been not served correctly. The downside of a S8 ground 8 is that if the arrears are reduced to less than two months before the hearing, even the day before then your case will be rejected.
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    Mike,
    Thanks, I'm aware of the points that you raise.
    I jumped into the thread as I wanted to be clear that although possession is mandatory, it is not immediate and can be subject to further delay as you state. Its a point that is often overlooked when people talk about court ordered possession imho.
    Rob
    Sourcing genuine property deals in Wakefield and The Five Towns
    Follow me on Twitter @walkerfox
    Skype: walkerfox
    Mobile 07960 753550
    Email rob@walkerfox.co.uk
    Read my blog https://walkerfox.wordpress.com/
    Northern Property Tribe Next Meeting https://tinyurl.com/374j9nr

    Mike Leflay said:
    Rob
    Both S21 and S8 ground 8 (two months unpaid rent) are both mandatory possession, ie the court must give the landlord possession provided all the paperwork is in order, notices have been correctly served and the dates are correct. Beware the slightest error will result in the claim being thrown out…….watch those dates! You should get a 14 day possession order unless there is a reason to give longer due to hardship for whatever reason, if they don’t go on the date set by the court you will as you say have to get a bailiffs appointment from the court which will take another month. However the tenant can go back to the court and ask for longer to find alternative accommodation of up to 46 days. You should get the same result if you use S8 or S21, it makes no odds.
    The downside of S 21 is that you have to give 2 months notice, but if the S21 was served at the start of the tenancy then this is not an issue in this case, but provided the fixed term has ended you will get possession there is no defence unless the notice has been not served correctly. The downside of a S8 ground 8 is that if the arrears are reduced to less than two months before the hearing, even the day before then your case will be rejected.
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    Rob Hubbard said:
    Mike,
    Thanks, I'm aware of the points that you raise.
    I jumped into the thread as I wanted to be clear that although possession is mandatory, it is not immediate and can be subject to further delay as you state. Its a point that is often overlooked when people talk about court ordered possession imho.
    Its another downside of being a landlord. The court system is skewed in favour of the tenant. A possession order should be that, an order that should be complied with. But the Judges themselves don't take it seriously, so why should a tenant do so!! Not complying with a possession order should be seen as contempt of court - in my opinion - but it is not. Why do we have to go get bailiffs, at additional cost that will not be recouped?
    The land/property laws are archaic, and are more suited to the times when land ownership was mostly by the gentry who had more money that they knew what to do with, and losing two months of rent to them was nothing. Land Lord.... says it all. Those laws should be brought into the 21st century.
    ok, off my soap box :-)
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    .
    The profit of knowledge is in its application
    TumiHawkins.com
    But you're not wrong Tumi
    Rob
    Sourcing genuine property deals in Wakefield and the Five Towns
    Follow me on Twitter @walkerfox
    Read my blog https://walkerfox.wordpress.com/
    Skype: walkerfox
    Email: rob@walkerfox.co.uk
    07960 753550
    Northern Property Tribe Next Meeting https://tiny.cc/t9mju

    Tumi Hawkins said:
    Rob Hubbard said:
    Mike,Thanks, I'm aware of the points that you raise.I jumped into the thread as I wanted to be clear that although possession is mandatory, it is not immediate and can be subject to further delay as you state. Its a point that is often overlooked when people talk about court ordered possession imho.
    Its another downside of being a landlord. The court system is skewed in favour of the tenant. A possession order should be that, an order that should be complied with. But the Judges themselves don't take it seriously, so why should a tenant do so!! Not complying with a possession order should be seen as contempt of court - in my opinion - but it is not. Why do we have to go get bailiffs, at additional cost that will not be recouped?The land/property laws are archaic, and are more suited to the times when land ownership was mostly by the gentry who had more money that they knew what to do with, and losing two months of rent to them was nothing. Land Lord.... says it all. Those laws should be brought into the 21st century.ok, off my soap box :-)
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    Thank you for all your helpful input. I've faxed all the papers to Landlord Action and will instruct them to deal with it because I was told that I need to attend the hearing and as it's very likely that I will be out of the country at that time LA will send a representative on my behalf.
    The agent's contract states that I need to give 2 months' but today agreed to one month's notice.
    Rose
    Rob Hubbard said:
    But you're not wrong TumiRobSourcing genuine property deals in Wakefield and the Five TownsFollow me on Twitter @walkerfoxRead my blog https://walkerfox.wordpress.com/Skype: walkerfoxEmail: rob@walkerfox.co.uk07960 753550Northern Property Tribe Next Meeting https://tiny.cc/t9mjuTumi Hawkins said:
    Rob Hubbard said:
    Mike,Thanks, I'm aware of the points that you raise.I jumped into the thread as I wanted to be clear that although possession is mandatory, it is not immediate and can be subject to further delay as you state. Its a point that is often overlooked when people talk about court ordered possession imho.
    Its another downside of being a landlord. The court system is skewed in favour of the tenant. A possession order should be that, an order that should be complied with. But the Judges themselves don't take it seriously, so why should a tenant do so!! Not complying with a possession order should be seen as contempt of court - in my opinion - but it is not. Why do we have to go get bailiffs, at additional cost that will not be recouped?The land/property laws are archaic, and are more suited to the times when land ownership was mostly by the gentry who had more money that they knew what to do with, and losing two months of rent to them was nothing. Land Lord.... says it all. Those laws should be brought into the 21st century.ok, off my soap box :-)
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