Most tenants will offer no resistance if you want to end the tenancy at the end of the term, but some are more reluctant. Maybe they have children at the local school and will find it difficult to secure another property or they are have an elderly relative living close by. Of course there maybe other reasons such as they are not paying the rent and want to make the process difficult for you.
Your first step is to talk to your tenant, face to face. Explain your reasons for them wanting to move out and discuss a notice period with them.
You may want to offer them assistance to find another home, discuss their requirements and ask them if they have registered with the local agents, you may even want to help them do this to give you the best possible chance of gaining possession in your time frame.
Depending on the type of tenancy you have signed with them will determine the length of notice you need to give them. The standard assured shorthold agreement requires two months notice to be given. The way you serve you notice and the dates you give are very important, if you are unsure give us a call and we can help.
For example, if you have signed an agreement with quarterly rental payments, you may have to give your tenants three months’ notice.
The reason you would like them to leave is also important and will determine your course of action if they decide that after the notice period they are not going to leave. It is important to remember that if your tenant decides not to leave after their notice period you will need to go to court to get a possession order. It is important at this stage that you have followed the correct procedures throughout the tenancy:
- You have protected of any deposit taken in a government scheme
- There is an Energy Performance Certificate for the property
- You have issued the ‘How to Rent’ information in the correct form https://www.gov.uk/government/publications/how-to-rent/how-to-rent-the-checklist-for-renting-in-England
- Your notice was issued correctly
There are a number of different legal notices which can be served, the correct one for you will depend on the reasons you are asking your tenant to leave for example:
- You want to move back into the property as it was your main home before renting out the house
- The tenant is not paying you the rent
- The tenant is not looking after the property
- The tenant is behaving in an anti-social manner
- You want the property back so you can sell
You also need to make sure that you are serving the correct up to date forms as these are updated periodically.
Getting a tenant to leave your property is not as straightforward as it seems. Maintaining good relations with tenants is so important even during times of difficulty.
If you’re worried about whether your tenant will leave your property peacefully, in good order and with the rent fully paid, I can help. Just call me on 0161 8717071 and I’ll talk you through the best way to handle the situation. No strings; no charge, just a helpful chat to help you avoid any unnecessary expense and unpleasantness.
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