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Original poster

Landlord related dilemma

66 replies

phantomhairpuller · 20/07/2015 13:07

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?

OP posts:
DollyMcDolly · 20/07/2015 14:27

I got a school place in Tyne & Wear while living in Berkshire. I phoned up to say when I would be moving and I got a place before the move. It was a school transfer.

19lottie82 · 20/07/2015 14:36

You must give TWO months notice, from the tenants next rent date, so if they pay their rent on the 1st of the month, the 2 months will expire on the 1st October. (I'm presuming they are no longer in a FT tenancy agreement?)

And be aware that this is just a notice that you intend to regain to possession of the property, they don't legally have to be out by then. If they decide to stay then you will have to apply for a court order to remove them.

And you do know that you MUST serve a correct Section 21 notice, right?
If they don't leave and you have to go to court, if it's a dot out of place, the judge will throw it out and you'll need to start the whole process again.

If you want in for when your son starts school, it may be easier to offer them a cash incentive for a "mutual surrender".

SisterMoonshine · 20/07/2015 15:33

I think this could by why some landlords say 'no children'
because it just feels horrible when it comes to giving notice etc.
There's not going to be a good time.

BeautifulBatman · 20/07/2015 15:39

We said no children. Didn't stop our now ex tenant's darling eow child putting fucking stickers all over our wooden painted kitchen island.

specialsubject · 20/07/2015 15:48

if it wasn't for the kid I would say that your husband needs to commute until your tenants have left, and you stay put until then.

80 miles a day is a bit much for a child to commute though BUT your tenants may not be gone for quite some time. So sound them out, get the ball rolling and look for a local short-term option.

Contact your tenants and warn them that notice is coming, then issue it in the proper form (writing, not text, not email, and not recorded delivery, just get proof of posting). Check your insurances in case things get nasty with damage, non-payment, evictions needed etc. So it is in everyone's interest to talk!!

who knows? They may find the perfect place and be glad to shift quickly.

SurlyCue · 20/07/2015 15:48

How can you be a landlord and not know something as basic as your legal obligations wrt notice? Confused baffles me. Ridiculous that its so easy to do.

lunar1 · 20/07/2015 15:57

There should be exams before people become landlords. Did you really think you could just randomly turf a family out of their home with 4 weeks notice?

Original poster
phantomhairpuller · 20/07/2015 16:08

Loving the helpful comments, thanks! Hmm

OP posts:
wowfudge · 20/07/2015 16:19

There should be exams for some people before they become tenants too. And courses on basic cleaning, changing a lightbulb and numerous other things.

SurlyCue · 20/07/2015 16:48

Only for the fact OP posted here over her moral quandary her tenants have not been sent into a panic a week before giving birth having been told they have a month to pack up and go. It is pure fluke this hasnt happened due to OP's ignorance wrt her own legal obligations.

A tenant doesnt change a light bulb and that causes what distress exactly to the landlord? Other than them perhaps rolling their eyes as they say "that's your responsibility" over the phone to their tenant.

But yeah, tenants are the ones who need exams Hmm

LIZS · 20/07/2015 16:57

But op could have issued notice in blissful ignorance of the imminent baby, irrespective whether 1 or 2 months. She has a conscience and is now faced with a moral rather than legal dilemma.

0x530x610x750x630x79 · 20/07/2015 17:00

the OP was trying to be nice and gets blasted.

scarlets · 20/07/2015 17:01

I'd be inclined to get a short term rental or to stay with relatives if there are any, maybe until the Christmas holidays, and I would tell my tenants asap so that they could make plans without feeling pressurised. They might want a bigger place now, anyway.

wowfudge · 20/07/2015 17:04

If you read my post you will see I stated that some tenants need exams. It is also the case that some landlords need exams. Every agent definitely should be made to pass a rigorous test on the law surrounding lettings and managing tenancies.

SurlyCue · 20/07/2015 17:05

She hasnt been blasted for trying to be nice, it was for her ignorance of her legal responsibilities. I think it's pretty bad not to know something as basic as the notice period required. It isnt difficult to find out.

SurlyCue · 20/07/2015 17:10

I think all LLs need exams. By legal requirement. Far too many have no clue what theyre doing or what theyre supposed to be doing. There should be a minimum level of knowledge of the law regarding letting required and proven before someone gets a license to let residential property.

Sunnyshores · 20/07/2015 19:15

I have no problem with LLs doing exams - the National Landlords Association has an accredited landlord scheme, but its voluntary and tenants dont seem bothered whether their ll is one or not (I am).

Councils can also designate areas as needing selective licensing (same sort of thing, house and ll check) - they even make extortionate amounts of money from lls for this, but still its not used.

But, tenants should also have to prove they know how to clean a property, air a house, tend to a garden, not to paint when asked not to, not to have a pet when asked not to etc etc.

The whole system is f**d up, it not just the lls fault.

SurlyCue · 20/07/2015 19:19

tenants should also have to prove they know how to clean a property, air a house, tend to a garden, not to paint when asked not to, not to have a pet when asked not to etc etc.

I believe LLs have the option of asking for references. They also have the option of retaining deposit to cover any damage by pets, any redecoration to repair badly done decoration by tenants, hire cleaning companies to clean any dirty houses.

Ilovecrapcrafts · 20/07/2015 19:21

2 months and issue them with a section 21 now

TheReluctantCountess · 20/07/2015 19:23

That's a dilemma. I would say speak to the tenant and see what they say. Perhaps they are wanting to move soon anyway. You never know.

BeautifulBatman · 20/07/2015 19:25

Surlycue, that's great - if the mess left behind only costs what the deposit was.

SurlyCue · 20/07/2015 19:55

That's the deposit you ask for as a LL! If you dont think it will be enough then ask for more! You're the one setting the price- its up to you to ask the appropriate price. Its also up to you as a LL to get references to make sure tenant has a good record or taking care of properties, meeting their obligations etc.

BeautifulBatman · 20/07/2015 19:58

All references were done. Silly us for not thinking to ask for a £3300 deposit. It's not that simple.

specialsubject · 20/07/2015 20:02

it is on mumsnet...

SurlyCue · 20/07/2015 20:02

Right so you think that damages of £3300 would have been prevented by the tenant having taken an exam in how to clean and air the house? I very much doubt that.