My tenant is asking for financial help

[DorisLessingsCat]

Tenant has given notice 3 months into a 6 month contract. She has given 3 weeks' notice, not the required month, nor from the start of the rental period.

She wants me to return her deposit now so that she can buy a ticket to her home country. She's leaving the UK permanently. I've explained that even if I wanted to (which I don't under the circumstances) I couldn't because it's in the deposit protection scheme. She now wants me to give her some of her rent money back instead.

She's apparently ill, therefore unable to work and doesn't get sick pay. Am I right in thinking that if you're in a financial hole you ask family and friends for help, not your landlord?

You can't issue eviction notice yet then. Could you speak to Shelter or CAB as to how to proceed. Hopefully next time you would seek a guarantor or do thorough reference checks.

We are surmising she can't afford the rent hence the story about returning home. I don't think either of those things would help should the situation be repeated - better to cut your losses and find a replacement tenant in these circumstances.

She could've just flitted via Heathrow, I suppose, leaving you wondering where the rent was when it didn't appear. At least this way, you can plan.

Did DH think that the property looked ok today?

another thread is pointing out the importance of landlords understanding their rights and responsibilities.

same goes for tenants. Send her a link to the gov.uk site for her information, stick to your position.

expect a flit.

Gosh not sure what's meant by Nigerian comment... I'm Nigerian and wouldn't dream of doing that if I was renting!

Mumsnet generalisations at their best again!

You can and definitely need to issue a Section 21 Notice - just in case she stops paying and then stays in the property. It will take 3 months to evict her anyway.

When I rented my landlords always issued the S21 notice on the first day of the tenancy. You should always do that.

The section 21 can only name the vacation date as last of the 6 month period. Unless she stops paying and is , iirc, 8 weeks in arrears (do check the timeframe) you cant do so any sooner on basis of non payment. So the 3 month period is still the most likely timeframe for any formal legal process. If you can come to a mutual arrangement sooner it would probably be to benefit of both. However a valid s21 would cover the eventuality were she to stop paying and not leave.

the above is about to change with the deregulation bill - not sure when it actually becomes law, and the below is not a .gov link but I think it is all correct.

www.guild-let.co.uk/index.php/the-deregulation-bill-is-now-an-act/

so you can't issue a section 21 until the tenant has lived in a place for 4 months. Also, once a tenancy is periodic the 2 months notice does not have to end on a rent due date.

at least they overturned superstrike.

Nigerian comment is totally unnecessary and ridiculous. Otherwise you've been given good advice that I won't reiterate.

I'm glad about those changes - I think the practice of issuing a s21 notice early in the tenancy is rotten.

special I believe some of these provisions came into force in late March, some will do so in July and rest on 1st October.

Thanks all. I did wonder about the Nigerian comment but thought it might have had some relevance.

DH reports back that the property seems fine, he was working outside. No interaction with her.

I don't expect her to be malicious, she acts more entitled than devious.

Most of my tenant problems have been with younger people (19-25) and have involved fall out from generally chaotic lifestyles. She seemed so stable.