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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Landlord and TenantWe have a bungalow which we rent out

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Landlord and Tenant We have a bungalow which we rent out to tenants. Unfortunately they are no longer happy with us as we wanted a valuation done on the property. I spoke to Vicky one of the tenants about the valuation. She agreed to allow the valuer in and it was valued the next day. They now 'no longer trust us' and do not want to sign a further agreement with us. They feel the trust has been breached between us and them and will not agree to signing a further tenancy agreement which had been previously offerred for one year at the same rate. They now want to have the freedom to move out quickly i.e. with a months notice. The initial agreement was for a six month AST which finished on 21 June 2014. The protected deposit scheme with DPS finished at the same time. I know to use a Section 21 notice this has to be in place. I have 30 days to get one in place from 21 June 2014. I wish to send the following letter to them to regularise the verbally agreed way forward. Please let me know if this is advisable and or make any comments as to this. We can supply the original tenancy agreement and the tenancy protection document if required. XXX XXXXX XXXX XXXXXXX XXX XXX 1st July 2014 Mr D XXXXX and Ms V XXXXX 49 XXXXX XXXX XXXXXXXXX XX Dear ***** and Vicky, Thank you for David seeing us last Friday. This is to regularise the position re your tenancy and put in writing the conclusions from our meeting. Sue apologised profusely for any misunderstanding prior to our trip to Dublin on the 18th June and stated that we are after some consideration to leave the situation as it was i.e. staying where we are and continuing to rent out 49 Grove Hill. David replied he felt we had done the property up in order to get rid of you. Sue said this was not the case and apologised again for any misunderstanding. You were given three possible ways forward 1. A continuation of the existing tenancy with all its exisitng conditions on a month by month basis in other words a monthly periodic tenancy. This would allow you freedom to get a new tenancy elsewhere. However there would have to be an end point to this. The longest we could allow this to continue would be to the end of the financial year i.e. March 2015. 2. A new tenancy for six months under the same conditions as before with respect to rent and other terms. We understand that would mean the end point around Christmastime which was not ideal for you. 3. A new tenancy for 12 months continuing where the last one left off as previously agreed. This would again be under the same terms regarding rent etc. However at the end of the tenancy the terms would be revisited and the rate revised if the tenancy were to be renewed again. David stated he would not be prepared to sign another tenancy agreement with us and would only be prepared to take the month by month option which we agreed to. This would be at a months notice from the tenant's side. As a result a new Deposit Protection Scheme would be drawn up. We advised David that we would put in writing details of the meeting which he was happy about. This is the reason for this letter. We trust this is acceptable to you and agrees with your recollection of the meeting. We hope you find a new place to live which you will be happy with. Of course if you require any references we will be happy to supply those as you have always paid on time. Kind regards ***** ***** Sue XXXXXX

Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

If they have come to an end then you can give notice that they leave.

Alex Watts :

This is generally 2 months notice

Alex Watts :

I assume that they pay the rent on 21st of the month so if you give notice now it would take effect from 21st July.

Alex Watts :

They would have to move out by 21st September

Alex Watts :

If there is a clause in the tenancy agreement that allows THEM to give notice, then they can

Alex Watts :

But they must give notice as per this clause.

Alex Watts :

If it is 1 month then they need to give you a months notice.

Alex Watts :

You can issue a Section 21 notice as that is a notice requiring possession

Alex Watts :

Section 8 is mainly for breach of tenancy

Alex Watts :

Can I clarify anything for you about this today please?

Customer :

OK so with respect to the letter sending it will not affect my rights in any way. I just have to get the deposit bonded again to keep within s21 for a notice?

Alex Watts :

Yes.

Alex Watts :

Does that help?

Customer :

Love short answers! Many thanks

Alex Watts :

They are to the point. No point waffling for the sake of it

Alex Watts :

Unless I can clarity anything else might I invite you to rate my answer

Alex Watts :

If the system wont let you please do say

Alex Watts :

If you need more help please click reply

Customer :

The tenancy agreement was put in place quickly as they wanted to go into the property before Christmas.
So the tenancy started on 21st December and a pro rata payment was made from 21st to 1st January. Then payment was made on each 1st of the month. So I would imagine that for the purposes of a notice to quit on a S21 notice that the notice would go to the 1st of the month. The section of the lease dealing with this is as below. Please advise.
IT IS AGREED that the Landlord agrees to let and the Tenants agree to take the aforementioned (9)furnished premises.

This Agreement shall commence on the 21st December 2013 at a rent of £650.00 per calendar (12)month, with the rent being due on the first day of each month.

(13)A deposit of £650.00 has been paid. The deposit is held with: (14)

This Agreement shall end on the (15)20th June 2014

OR

The tenancy shall terminate upon either party serving upon the other the required statutory notice. If there is no fixed period specified, the tenancy shall be a periodic tenancy governed by the frequency of the rent payments as stipulated above.

Alex Watts :

Yes 1st of the month. So notice needs to be by the end.

Alex Watts :

Does that help?

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