Moving home- giving notice to tenants

[Kattouswhiskers]

Hello.

We're moving back to the UK in early summer next year, and we're wondering when to give tenants notice. I think ideally they would be out a couple of weeks before we're back (I'm assuming they move out when asked, but aware that if they don't we could face a lengthy process...) but DP thinks we should leave them in as long as possible so the house isn't empty.

I think I'd rather know if they're not going to move out a couple of weeks ahead so we can at least look for somewhere temp, and if they do go DP can maybe go ahead and sort things out like a new sofa and take the cat back while I finish up at work and the kids finish school.

We also disagree about notice. They're a bit of a PITA, but I'd like to give them 4 months. DP thinks the legal minimum so it cuts down the amount of inevitable correspondence with them (everything is always a massive drama - we're good landlords and sort everything out straight away but they're quite wearing). They're quite high earners so could get a new place without pushing them into difficulties.

How did you manage your move home with a tenanted property?

It hasn't happened yet, but when we do I would adhere to the notice period stated in the tenancy agreement. We have never lived in either of the properties we rent out, but plan to move into one of them eventually. Consequently, we use an agent who manages it all and have never met the tenants in person or communicated with them directly.

Just because you give them notice doesn't mean they have to move out on that date. You may have to take them to court to evict them and wait for the bailiffs to remove them.

I think you're right. There is such a massive shortage of rentals that the tenants may simply not have anywhere to move to and therefore will have to ignore the Section 21 and wait for a court order which can take months.

I would therefore have them vacate at least 2 weeks before you move back because that's prime holiday rental time so it wont be easy for you to find an alternative either.

Yep, we know they don't have to move out. They have a dog as well which might make things tricky. They are actually looking for somewhere to buy (we were told) so if we're really lucky they might move out of their own accord. It's going to be an absolute PITA for school though if they don't. 2 or 3 weeks would at least give us some options (or make like Alan Partridge and live in a travellodge).

They're quite loaded though so they could just throw money at the problem and aren't tied to schools.

Gave ours about 4 months and also looked for somewhere temporary. We stressed that if they found somewhere sooner then we wouldn't hold them to the contract. In the end the temp flat fell through and the tenants found somewhere before the end of the tenancy and moved out so we moved straight in. Then started fixing the damage, holes in doors and dog chewed wood. We had agreed to 2 chihuahuas but found out later that they had 5 dogs including a St Bernard.......

If you have a deadline to move in and it would be a massive inconvenience to find somewhere else to live yourself/store your things, then give notice now. If you end up needing to evict them, it takes months.
2 months section 21 notice
Filing for eviction with the courts
Waiting for a court date
Getting a possession order
Applying for bailiffs

If any mistakes are made the judge will throw it out and try again.

Last full eviction we did took about 5 months, and we didn't have to get to the bailiff stage.

I'm a lone parent to a 4yo. Nobody wanted to rent to me. I looked at over 20 properties over a 6 month period. Took me 6 months for someone to accept me. If I was given notice to move it I might not be able to find anywhere to live and certainly doubt I would within at least a couple of months. Be prepared for them to be there longer than you'd like.

We have already told the tenants in my mums house, rented out to pay towards care home fees) that now Mum has died, we will not be renewing the lease next February. We will give her notice as soon as Probate goes through, hopefully soon, and tell her that she can leave as soon as she wants without worrying about the lease. We also intend to just refund her the deposit without an inspection as long as there is no significant damage as we won’t worry about some wear and tear when selling the house.

Re those of you who have been duped re number of pets etc, have you not done six monthly inspections? The property company we used did them and reported back to us together with photos of each room. Even during Covid when face to face inspections were stopped, we insisted on the tenant sending photos of each room. In return, we have been good landlords, not putting up the rent and replacing or mending appliances very quickly.

@Ilovetocrochet it doesn't really matter if they dupe you or not (and it would be easy to do- you don't have a legal right to enter the property and inspect, they can refuse), it's more work evicting a tenant, and probably more money if they stop paying rent through the process, so it doesn't make it worth doing anything for the sake of a pet. As much as you read otherwise, the law doesnt do much for landlords.

Are you on a rolling contract or a fixed term?
That might affect when you can give notice.

I know that is not much legal protection for landlords, it’s something I have worried about for the two years we have been letting the house. I thought though that as long as advance notice is given, inspections had to be allowed. Luckily our tenant has not objected to the agent going round.

I just hope there is no problem when we give notice next year!

The legalities/technicalities of this will vary depending on whether the home (and associated) tenancy agreement) is in England, Scotland, Wales or Northern Ireland.

They're on a rolling contract. Just to stress this is in the 'Living overseas' section because it's about the logistics of moving back with a tenanted property, not a general thread about giving notice to tenants (we're aware of all the legalities there). Giving notice now would be bold! I'd be worried it would be sat empty (nono for insurance) although we have got a student niece who probably wouldn't say no to some housesitting...

They are also aware we were on a posting and the approx time we were coming back (it's actually been longer than we first thought).

You can take a risk bit I would give them notice 6 months before you are due home. And have to put up with an empty property if they do leave. If they don't leave you will be moving back without anywhere to go and then you could be in a rental for months while trying to get them out. It depends on the level of risk you want and if you can afford to rent when you come back. Make sure your section21 is properly filed (you will be amazed how many are wrong), and then the time starts again when you have to reissue it. A tenant can get a good few months extra out of you if it isn't correctly filled in.

“Gave ours about 4 months and also looked for somewhere temporary. We stressed that if they found somewhere sooner then we wouldn't hold them to the contract.”

^I would do this. At least 4 months notice but I would probably go with 6 months.

On a rolling contract, I'd give them 3 months notice.
We were very lucky that the end of a 12 month tenancy sort of aligned with then we were coming back.
So we gave them the 2 months notice that the tenancy wouldn't be renewed, but that we didn't require the property for 3 months.
They left after 2 months. House sat empty for 6 weeks. The insurance knows there are going to be some void periods.

Id work out the longest you would be prepared for the house to be empty, and give notice one month before then.

This, both lengthy and costly

Thanks all, the advice seems to be much longer than we thought. Food for thought indeed.

If they want local authority housing they will have to stay in the house until you get a court order and bailiffs. Otherwise they will be found intentionally homeless and they won't get any help at all.

Current wait time to get a warrant after the court order is 6 weeks. Courts have got a massive backlog too some are around 6 months.

Your husband’s mad on this point. Also, have some consideration for the tenants and give them a decent amount of time to find a new home!

I gave mine two months, but they were not unreasonably upset with me for not giving them longer. I thought the same as your husband.
That was a few years ago though. In the current climate, I would give them longer.

We gave 6 months notice but did have a clause on the contract of 3 months. The managing agent was poor in regard to exit and tenants left a large amount of furniture and belongings. Make sure you aren't faced with the costs of disposal like we were.

@clockapp I'm almost 100% sure they won't be wanting LA accommodation- they're high earners and (unless there's something we don't know about) could afford a higher rent. But point taken from everyone that we should do it earlier.

The agent has been a bit intermittently rubbish as well- all good on the legalities and maintenance but very poor comms especially initially- so I don't have loads of confidence. It's hard when you're 1000s of miles away!

Our tenants moved out a few months ago so we re-advertised our flat since we're still overseas. We had so many applicants, many of whom looked great on paper: from locals with full time permanent jobs to recent arrivals with jobs lined up who were willing & able to pay 6-12 months rent up front.

What I'm trying to say is, depending on where you are, it can be really tricky for tenants to find somewhere to rent at the moment. Both for your own piece of mind and theirs, give them plenty of notice because it might take them a little while to find a new place.