Landlord related dilemma

[phantomhairpuller]

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?

Granted the OP should have known the law before it was pointed out to her on here, but do you think that tenants who want to move agonise over when to give their landlords notice in case it's a bad time for them?

A landlord and tenant relationship is a business one.

where on earth have i said OP should agonise over giving notice?

Fwiw i delayed leaving my last home by two months because i knew my LLs were getting married and i didnt want them to have the hassle of advertising, vetting, showing the house and possibly loss of money in the run up to their wedding and honeymoon. The very reason they were letting was to save for the wedding. Some tenants do care

SurlyCue you are missing the point, ll and tenant sign the contract, BOTH should understand what it means and be able to stick to it and if that means training, so be it. Deposits and referencing have nothing to do with it.
(really like the fact though that you think lls should ask for huge deposits and only accept tenants with impeccable references, hope it catches on!!)

No i dont think Lls should ask for huge deposits. I said they should ask for the price they feel is appropriate, if this means they price themselves out of the market then so be it. No one said they'll get or should get what they ask for.

I do support references, but i think for both parties. I also have no objection to a prospective LL visiting my current home. Thats because i have nothing to hide and can prove i would look after their property.

If you intend to make youromey through providing a service then you have a responsibility to understand your legal obligations. Nobody expects people buying a holiday or insurance or a car to have sat a test ensuring they know how to holiday safely or check the tyre pressure on the car, but they do expect the people selling them to have met certain criteria and passed certain tests to ensure they know what theyre selling and that they know their obligations.

While I do see what you are trying to say, I am not sure that using car sales as an analogy is a particularly good one, what with the reputation of second hand car sales people! It is very much caveat emptor when buying a car in many circumstances.

Yes good point, and of course look what we think of those car sales people! Fair to say it'd be much better if the shitty ones were weeded out and the industry regulated to a higher standard.

Op, now you are aware of the two month rule, you need to be making alternative arrangements - and quite possibly for longer than two months.

The kindest thing to do would be to let your tenents know your plans asap so they can start putting things in place.

thanks sunny
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).

I didn't know about this, but am now going to start and take the exam (just to ensure i am a know it all)

Agree with other posters. The contract will have rolled over to a statutory periodic. They need only give you one months notice whereas you have to give them two. My understanding (and I have recently had to give notice to longstanding tenants recently because they breached the terms of the contract - and with the help of a large London Agency) is that it is two months from the date of the rent payment. So if they pay on the first of each month you need to issue them with a Section 22 notice (Google it - lots of exemplars on line) before 1 August and then you will only get the property back on 1 October.

I would write them a polite, friendly letter explaining that you are moving back to the town, and that you will have to issue the S22, accept that it is not ideal timing and suggest you sit down and talk about what might work. As a landlord the worst time to get into a dispute with tenants is when you want to leave. You want them to leave it in good condition, they will want their deposit back promptly.

You might look to see if there are any short term/holiday lets or serviced apartments. If there are any tourist areas nearby it will not be a problem. (All sorts of tax thingys about having a property available for more than just the peak summer months), but they are available in lots of places to cater for contractors etc. Outside peak months they are often no more expensive than ordinary accomodation, come furnished down to the last tea spoon and a lot more flexible.

Also I would not bother with exams. The really important thing is to read the contract carefully and know where you stand, but also put yourself in the tenants shoes, consider what might work for them, and meet them half way if you can. Also be very careful about anything you put in writing. There will be lots of proformas on line. If it ever came to a dispute you want all your paperwork in place.

Do you have landlord insurance or something that comes with your mortgage (assuming you got permission to let!). If so give the helpline a call and double check procedure with them.

the OP was trying to be nice and gets blasted.

it's all fair and well being "nice", but meeting your legal obligations is far more important I'm afraid!

Needmoresleep A section 22 refers to rent increases, the Op needs a Section 21.

Once the fixed term of the lease is over, you no longer have to give the 2 months notice to finish on any particular day in relation to the rent date / period date. Its just 2 months. Google a case called Spencer v Taylor (there are some decent articles explaining the changed position after that decision).

Quite right mandy - this is in the Deregulation Act too.

Give them their two months notice asap then tell them if they want to move out sooner then you will pro rata the rent.

That way they can get looking asap and can be flexible with moving dates which makes it easier for them to find somewhere else.

Thanks for the advice all. We've now found ourselves somewhere to rent and have spoken to the tenants (who had their baby a couple of days ago!) situation resolved for now