Section 21

[MumOfTheMoos]

I have some tenants whose contract is due for renewal.

Through the winter they have had a problem with condensation. I had a damp report done but it confirmed that it was nothing structural but recommended some ventilation fans.

I have bought the fans but my electrician is being really slow.

The tenancy is due for renewal in about three weeks time.

A number of weeks ago the agency rang me up and asked me what I wanted to do, the tenants only wanted to renew for 6 months. I said I would prefer them to renew for 12 months and as an incentive I would not put the rent up. However, if they really only wanted to renew for 6 months then I would ask for an extra £50 per month. In my experience of renting in London, in an area where house prices are going up by 18% a year I thought that was quite reasonable.

So, now they're trying to make a condition of renewing the fitting of these fans and repair of mould damage.

Now, I am quite clear - the mould is as a result of excess condensation - there is already a fan in the bathroom and I provided them with a dehumidifier, really to protect my property from the fact that despite being advised not to they were still putting washing out to dry (I have provided a tumble dryer).

I've looked up around responsibilities around condensation and unless there is something structural it becomes the responsibility of the tenant.

Anyway, I've left it up to them, it really is their choice - but I am not going to have the stuff that I have done on the basis of goodwill suddenly made part of my obligations.

So, the agent said that I would need to serve them with a section 21 notice - and I've looked that up on the government website but am not clear about the notice period.

It says I need to give 2 months notice - so does that mean if I write to them now, 3 weeks before the end of the contract, I need to give them notice to quit at the point the contract runs out or 2 months notice so they can stay an extra 5 weeks (or so) beyond the end of the contract?

I don't wish to be spiteful or place them in any sort of hardship but I am quite clear upon the basis that I want to rent my property to them and I am not going to accept liability for dealing with the damage that they have caused.

I think your notice can only commence from a rent payment date so in your case that would probably be the end of the tenancy agreement if you have 3 weeks left. After that it will go onto a rolling contract (usually with 2 months'' notice from ll, 1 from tenant) by default.

Ah, so I would give them notice that would start on for example the 21st of May that they would need to be gone by the 21st July?

yes

Thank you!

that's right - but it might be worth warning them that this is your plan if they do not accept your other suggestions.

to be fair, tumble dryers are expensive to run and they pay for the juice. Is there nowhere outside for their washing?

Yes, there are washing lines for them outside to use as well.

Good point about letting them no first.

OP, there are two different types of s21 notice - i think you need a s21(4)a as you are requiring possession of the property once it becomes a periodic tenancy - you might have to check that.

You need to get the dates right, as wrong dates might invalidate the notice. If the tenancy period begins on the 14th April, then that period finishes on 13th May i.e it is a whole month, not a month plus one day. I think if i served my theoretical tenant notice today the first month would be 14th May to 13th June, the second month is 14th June to 13th July and i would therefore require posession after the 13th July

Are they otherwise good tenants? They are probably just concerned as you said you would do something and it hasn't been done. In bad weather you can't dry outside and not all clothes can be tumble dried.

Tenants often feel in a very weak position and they might have felt (after waiting as you acknowlege longer than expected for you to deal with this as you said you would) that this was the right time to bring it up.

If they are otherwise good tenants, I would just make it clear that its not your obligation to do it but since you originally said you would, its still your intention to do so rather than evicting them over complaining...

tricky one - they are damaging the property by their actions, they only need to use the drier until the new fans are in and there have been plenty of dry days recently. So I can see the OP's concern.

I suppose it depends if the OP wants to keep them or not, and whether they can be persuaded to stop causing damage.

I'm not evicting them! I'm just saying that I would prefer them to take on a 12 month lease rather than a 6 month one and therefore in order to incentivise them to take the 12 month one I won't put the rent up (unlike every other landlord in London). They're the ones that are trying

Sorry - trying to put all sorts of obligations on me! I am absolutely not evicting them for complaining!