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Legal matters

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Rental property - damage and not wanting to renew contract

18 replies

OliverCrumblewell · 08/05/2025 14:46

I'm hoping someone can advise me here as I am unsure how the new laws affect me as a landlord. I only have 1 property I rent out and have had a family in for just over a year. I reduced the contract to 6 months from 12 at the last signing as I have been spending out so much on repairs and replacements since they moved in - some big (ceiling flooded and had to be replaced), every white good has had to be replaced, several taps and now a step (in the main stairs!). Other smaller issues and boiler repairs seem to crop up every other month. In 14 months I have spent about £5k on replacements and repairs which is unsustainable and stressful. I never had this issue with the previous tenants.

I have asked the agent to confirm to the tenant that they will need to vacate at the end of their 6 month contract and to line up new tenants - hopefully not an issue as is a large fairly new house in a good area with garden and ample parking.

Am I going about this the correct way or should I be being cautious and filing things? The agent have been doing all of the checks and reports to confirm everything works and is safe (I pay for these regularly) so it is clearly user error (tenants) from that perspective, I think?

Thank you in advance.

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2024onwardsandup · 08/05/2025 14:49

How was this damage caused by the tenants?

but anyway your managing agent should tell you. But you should also be aware of your own lefal
obligations

instead of asking mumsnet why don’t you google your legal rights as a landlord to end a tenancy?

Acc0untant · 08/05/2025 14:51

You can't just ask the agent to confirm the tenant will need to leave. The end of their tenancy isn't after the 6 months, it goes onto a periodic rolling tenancy after that.

If you want them out you need to issue formal notice, was a section 21 but I dunno if that's changed now. Someone else will be much more knowledgeable than me.

If they don't leave after the end date on the notice, you will need to go to court to evict.

OliverCrumblewell · 08/05/2025 14:52

They are very clumsy and don't seem to know how to look after things, frankly. Flooding the bathroom happened in the first 2 months.

I am in contact with the agents almost monthly but they seem to have a high turnover of staff and I am never sure whether the young lads I speak to have any legal understanding at all or whether they are even passing on my concerns. I wanted to check that legally I am not doing anything wrong asking them to leave.

The point of MN is to get personal opinions, why did you respond?

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OliverCrumblewell · 08/05/2025 14:53

Acc0untant · 08/05/2025 14:51

You can't just ask the agent to confirm the tenant will need to leave. The end of their tenancy isn't after the 6 months, it goes onto a periodic rolling tenancy after that.

If you want them out you need to issue formal notice, was a section 21 but I dunno if that's changed now. Someone else will be much more knowledgeable than me.

If they don't leave after the end date on the notice, you will need to go to court to evict.

Thank you - that is my very basic understanding of it too and why I posted as I know it changed recently.

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Tinyrabbit · 08/05/2025 15:34

If your tenants damage things in the house due to carelessness and stupidity, they need to pay for it. Flooding because they left a tap running - they pay. Breaking a reasonably new and working white good - they pay. Breaking a stair (how do you even do that?) - they apy.
If you really want to get rid of them though - you absolutely must let them know that the contract will not be renewed at the end of the fixed term and that they have to move out.

Hoppinggreen · 08/05/2025 16:03

But you don't need personal opinions, you need proper legal advice.
It might cost you but not getting it could cost you a lot more
If you don't know your rights and responsibilities then you should sell the property

JustAnotherLawyer2 · 08/05/2025 18:58

What date did the last tenancy agreement start on?

OliverCrumblewell · 08/05/2025 20:25

Tinyrabbit · 08/05/2025 15:34

If your tenants damage things in the house due to carelessness and stupidity, they need to pay for it. Flooding because they left a tap running - they pay. Breaking a reasonably new and working white good - they pay. Breaking a stair (how do you even do that?) - they apy.
If you really want to get rid of them though - you absolutely must let them know that the contract will not be renewed at the end of the fixed term and that they have to move out.

Thank you - this is what I have been telling the agents but getting nowhere. I am looking into changing agents as mine seem to be a bunch of kids who work for a month then leave (it is a reputable nationwide firm but clearly they can't keep staff). I'll also get my solicitor to draw up the S21 - all I was after was confirmation this is still the way to do it and the new tenant friendly laws didn't mean I had to do more than give them a couple of months notice. From what I can see I am fine as long as they have been there for over 6 months and I don't think a Judge in the land could argue I haven't tried to give them the benefit of the doubt.
Thanks to those who helped.

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ByQuaintAzureWasp · 08/05/2025 20:30

Give them notice to quit (agent should do it). Renters Rights Bill not in force yet.

OliverCrumblewell · 08/05/2025 20:36

ByQuaintAzureWasp · 08/05/2025 20:30

Give them notice to quit (agent should do it). Renters Rights Bill not in force yet.

Thank you - this is what I thought the Contract has said - agents would inform tenants but they seem to be doing their best to ignore it. I've made sure I email them so there is a paper trail of my continued issues.
RRB - I thought it started last month, but that is quite a relief! Glad they apparently don't care as much about tenants as getting SEN kids out of private schools with VAT!

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ARichtGoodDram · 08/05/2025 20:46

Don't line up new tenants until they are actually gone. Your notice is just notice that you will go to court to get them to leave - if they leave before that then great, but be aware if they cannot afford or cannot find another private rental and are looking for social housing they'll likely be told by the council to stay put until you've been to court. Many are told to stay until the bailiffs come.

ARichtGoodDram · 08/05/2025 20:47

Also consider doing a court in landlord requirements - multiple councils offer them.

Never rely on the agents to tell you your legal responsibilities. If they cock up it's still your responsibility.

And many many many many agents cock yo giving notice.

ARichtGoodDram · 08/05/2025 20:54

*a course not court

TheGander · 08/05/2025 20:56

I can quite see why you want them out. You can still issue a section 21. But I would advise joining the NRLA for the landlord helpine, they also offer courses. Agents are often pretty useless when anything out of the ordinary happens and the buck stops with you, so don’t expect them to have your back if things go wrong ( or even unfortunately to issue correct info and advice). .

dairydebris · 08/05/2025 20:59

You should know all this stuff if you're a landlord.
Your agents should absolutely know all this stuff no matter how new the staff are.

Do it properly, not by asking 'opinions' on mumsnet.

OliverCrumblewell · 09/05/2025 11:36

TheGander · 08/05/2025 20:56

I can quite see why you want them out. You can still issue a section 21. But I would advise joining the NRLA for the landlord helpine, they also offer courses. Agents are often pretty useless when anything out of the ordinary happens and the buck stops with you, so don’t expect them to have your back if things go wrong ( or even unfortunately to issue correct info and advice). .

Thank you - this is really helpful. I let the property for years long term before this and the tenants were so lovely and careful it has been a shock. I think I worry that "bad" tenants are trying to pull a fast one and wanted to see what others thought before I start, so I will definitely contact NRLA. I realise I've been lucky until now and think the agents are probably not worth keeping on for the cost.

Thank you everyone.

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TheGander · 10/05/2025 16:47

I would definitely act soon as section 21 might be out any time from October 2025. Joining the NRLA then getting onto their advice line for guidance on how to proceed might be the way forward. You’ll need to ensure you are bullet proof ie all certificates eg gas safety, EICR are up to date, deposit was protected in a government approved scheme and you gave them a copy of “ how to rent” booklet ( or agents did).if any of those are missing you can’t issue section 21, and they can sue you for multiples of the deposit. Good luck!

OliverCrumblewell · 10/05/2025 18:49

TheGander · 10/05/2025 16:47

I would definitely act soon as section 21 might be out any time from October 2025. Joining the NRLA then getting onto their advice line for guidance on how to proceed might be the way forward. You’ll need to ensure you are bullet proof ie all certificates eg gas safety, EICR are up to date, deposit was protected in a government approved scheme and you gave them a copy of “ how to rent” booklet ( or agents did).if any of those are missing you can’t issue section 21, and they can sue you for multiples of the deposit. Good luck!

Yup - all very up to date and with reputable letting agency so very sure - property has had 2 inspections to check nothing was wrong with the actual property so feel sure it is clear that the costs have been user error.
Thank you!

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