Landlord related dilemma

[phantomhairpuller]

When my husband was offered a job 40 miles away from where we live, we made the decision to rent out our house in the hope that we would eventually be moved back to the area, and would then move back into our home. This was 4 years ago. The time has now come that my husband's company want to relocate him back to our original area. The plan was to ring our tenants this evening and informally give them a months notice, before putting it in writing tomorrow (they are on a one month rolling contract). By complete chance, we have today found out that they are due to have their first child next week (a friend of ours was talking to someone who knows them and it came up in conversation).
Husband seems to be taking the "it doesn't change things, it's still our house" approach, but I know how I would feel if the boot was on the other foot.
We have got our son into a school in that area, due to start on 4th September, so delaying the move isn't really an option.
I am in a real dilemma as to how to handle this now!
Anyone got any suggestions?

[PestoSwimissimos]

I think you legally have to give 2 months' notice if you want your tenants to leave.

But if you would rather leave them to stay, bearing in mind their current situation, then you could find somewhere else in the area to rent yourselves.

I don't quite understand how you have managed to acquire a school place for your 4 year old if you are currently living out of the area

[TrollTheRespawnJeremy]

That's a tricky one. Unfortunately- legally you're within your rights to ask them to leave.

I'd feel like an utter shit doing it but I think that's your only real option. (Unless you can give them 3 months notice out of kindness and DP moves into a small 1 bed rental for the duration until they've vacated,)

[AnitaManeater]

You have to give them 2 full rental periods notice anyhow, so being back in there by September 4th wouldn't be an option anyhow. I would serve the notice and probably look for a short term let for yourselves in the meantime

[phantomhairpuller]

Pesto, as soon as we knew we were moving, we called the schools admissions dept at the local county council. Thanks for your help

[phantomhairpuller]

In the contract we've stated that either party has to give one months rental period.

[phantomhairpuller]

*as notice.

[KumiOri]

the contract cannot override statutory clauses.
the landlord has to give 2 months.
I'm sure landlords with more experience will advise shortly.

have you done a detailed inventory?
deposit protected?

[BeautifulBatman]

phantom did you rent out your house with a standard AST? Are you in England?

[PosterEh]

If they are in the UK they have the right to have 2 months notice (and to give you one month) regardless of what the contract says.

[PestoSwimissimos]

And the schools admissions can't hold a place for someone not living in the catchment of a school.

[NewsreaderChic]

I think that if you knew it was in the cards enough to get your child a school place it would have been a nice thing to let your tenants know that you'd be giving them notice soon. It is true that regardless of your contract they have a right to two months notice, although they may not know this.

You should give notice immediately and make plans for the second month to stay with friends or family.

[phantomhairpuller]

Yes we are in England and property was let with initial 6 month AST, with a one month rolling contract after that.

Genuinely didn't know about the statutory two month notice period

Bugger.

Thanks for all the help

[phantomhairpuller]

Our son only got the school place on Thursday so we haven't exactly let the grass grow

[PestoSwimissimos]

So you told them you'd be living at your previous address, to secure the place?

[bestguess23]

Definitely 2 months notice to vacate the property. You could speak to them and see what they say but I wouldn't hold out too much hope.

[BeautifulBatman]

Yep, statutory 2 months. If they're happy to move in a month then of course they can but legally they're entitled to two months notice. And even then, that's only how long your notice to quit has to be. They can hang out longer and make you go through the eviction process which can drag things out even longer if they're so minded to. Best to keep things as nice as possible. Did you register their deposit in a scheme?

[StupidBloodyKindle]

Yep, two months notice. Even then it is a section 21 and does not mean they will definitely leave.
Their deposit should have been placed in proper deposit fund or they will be entitled to all of it back and then some. I would now start weighing up options and consider finding a six month rental August to January that you do not renew. Give them two months notice to be out in the New Year, by which time baby at 6 months is easier, then move your things over?

[bestguess23]

Also to add to pp, if the deposit hadn't been registered you can't serve a Section 21.

[Damnautocorrect]

What an utterly shit situation for everyone.
On the one hand your husband is right it is your house, but you'd have to be pretty heartless to do that.
I think i would be inclined to rent somewhere for 6 months, issue them enough notice (e.g informal notice now and then the formal 2 months notice) do bare in mind if they are not in a position to rent privately (e.g maternity leave looming, no deposit saved as they have had to buy baby stuff) and will need social housing they will be advised to wait for you to take it to the courts, and to then wait for Bailiffs - that will obviously take time. So you need to bare that in mind with a back up plan / enough time.

[DorisLessingsCat]

Remember it's two months from the start of the rental period, so if they moved in on the 1st, you have to give two months notice from the 1st.

I also agree that finding a short term let closer to your preferred location would be safer, just in case they don't move out after two months and you are left homeless.

[emwithme]

(1) Is the house in England/Wales, Scotland, NI or somewhere else?
(2) Did you take AND protect a deposit in an authorised scheme, and send the Prescribed Information to the tenant within 30 days of receipt?

Assuming the answer to (1) is E&W and (2) is yes:

You need to give the tenant 2 months' notice (it used to be two months' to tie in with the end of a rental period but that changed relatively recently, it could be considered prudent to still do so because some judges may not be aware of the changes) in a particular form (the s21 notice). This does NOT mean that the tenants have to move at the end of this time (although most tenants will try to). It simply means that the Landlord can (after this time) apply to Court for a possession order, which may need to then be enforced by bailiffs. Unless the tenants choose to leave earlier than the end of the notice (for example, if they find another suitable property you may be able to negotiate an early surrender) you WILL NOT be living in that house in September.

Remember that any harassment to pressure them to leave is a no-no and changing the locks etc could be classed as Illegal Eviction, which is a criminal offence punishable by a five-figure fine and up to six months in prison.

Nip over to LandlordZone forums if you want any help.

[emwithme]

Damn all those cross-posts (got distracted over on LLZ when I opened it to get the link!)

[phantomhairpuller]

Yes it's all above board, deposit is with deposit protection scheme. Thanks for all the helpful comments.
Pesto, you seem a bit obsessed with the school side of things which isn't really anything to do with my OP. I don't know what your local council are like or when you last dealt with the schools admissions side of things but it's really quite straight forward. I phoned them on Thursday and explained the situation i.e. we were going to be moving back to the area and needed a school place, they told me local schools which still had places, I made a decision and they secured his place within 2 hours. I didn't lie to them in any, way shape or form. They have our current address and once we secure a new address, in the area, I am to let them know as soon as possible. Nitty gritty comments are really not helpful at the moment.

[LIZS]

When does your own tenancy expire? Is delaying the move until, say , October half term a possibility? You can still call to warn them of the change of circumstances and sound them out.

[DorisLessingsCat]

emwithme - thanks - that's really useful, I missed that change.