fifi69 Posted October 11, 2013 Share Posted October 11, 2013 Will take legal advise Monday ...but need to get it off my chest. We rent our UK home out using a agent. 6 month lease given to a couple. Agent was useless, couple were a pain in the arse. Didnt renew the lease but just went onto a rolling one month contract. Either side could give one months notice. We actually give them 3 months notice earlier this year to vacate by the end of this month. We have a new tenant going in then...they have given their landlord notice and are all ready to move. Yesterday at the close of UK business we received an email from useless agent informing us that our tenants are refusing to move out until April 2014 ...apparently its legal for them to do this.. Agents say they can't do anything about it... WTF...it's our bloody house, we want it back, give plenty of notice, played it by the book. I agree tenants need rights ...but what about our bloody rights. Honestly if I was in the UK I would be round there with some henchmen to physically throw them out. I am fuming ... Link to comment Share on other sites More sharing options...
nicolac34 Posted October 12, 2013 Share Posted October 12, 2013 Interesting - under what right are they allowed to stay? We had a situation as tenants once whereby our landlord served us notice after 4 months (12 month tenancy with 6 month break clause) had I thought we could simply just say "no" then it might have saved us no end of trouble! Link to comment Share on other sites More sharing options...
fifi69 Posted October 12, 2013 Author Share Posted October 12, 2013 Interesting - under what right are they allowed to stay? We had a situation as tenants once whereby our landlord served us notice after 4 months (12 month tenancy with 6 month break clause) had I thought we could simply just say "no" then it might have saved us no end of trouble! Dont know what law Nic...the useless agents...just said we would need to go down the legal route to get them out. Link to comment Share on other sites More sharing options...
blossom Posted October 12, 2013 Share Posted October 12, 2013 The majority of agents are useless I find. For example, I'm looking for a house to rent. I'm interested in one, it's still available, is empty, garden turning into a jungle. I phoned yesterday morning. The first lady I spoke to said its available, but the lady dealing with it was in a meeting and she would get her to call me.... This was at 9.30am. By 12 I left a message on the lady's mobile.... Nothing, no call back at all. That house has obviously been empty a while. There is a landlord somewhere missing out on possible tenants who could go to an open this weekend and find something else. I do wish there was a way of letting them know their agent could be loosing them renters. Link to comment Share on other sites More sharing options...
MARYROSE02 Posted October 12, 2013 Share Posted October 12, 2013 I Googled on tenancy rights in the UK and this came up on UK Govt advisory website: [h=2]How to end a tenancy[/h]Updated: 11 Oct 2013More Sharing ServicesShare|Share on facebookShare on twitterShare on emailShare on print [TABLE=class: picframe] Return all keys before you leave [TR] [TD][/TD] [/TR] [/TABLE] If the tenancy is for a fixed term - for example, 6 months or a year, then the tenancy will end on reaching the agreed termination date. The landlord should give the tenant at least 4 weeks written notice of the intention to end the tenancy. If the tenancy continues as a periodic tenancy, or if you have a periodic tenancy from the outset, for example month to month, the tenancy can be brought to an end by either the landlord or tenant giving the other at least 4 weeks written notice to quit. Maybe your tenant was given a new six month lease? Here in NSW, I think tenants have a right to two months' notice, once it's past the end of the lease. I gave my tenants the two months and they refused to go, claimed they never received the letter from the agent. Eventually, I had to go to the NSW Tribunal to regain my home. Link to comment Share on other sites More sharing options...
MARYROSE02 Posted October 12, 2013 Share Posted October 12, 2013 If the tenancy is for a fixed term - for example, 6 months or a year, then the tenancy will end on reaching the agreed termination date. The landlord should give the tenant at least 4 weeks written notice of the intention to end the tenancy. If the tenancy continues as a periodic tenancy, or if you have a periodic tenancy from the outset, for example month to month, the tenancy can be brought to an end by either the landlord or tenant giving the other at least 4 weeks written notice to quit. Link to comment Share on other sites More sharing options...
flybyknight Posted October 12, 2013 Share Posted October 12, 2013 the tenants hold all the power in the uk, even the Citizens advice tell people to just squat if they are homeless and poor. its a sorry system but it is the system the uk has. very much geared towards the tenant. the one good thing, is you can claim any losses on your tax return in the uk (or aus if on a perm res visa) i'm afraid this doesn't help your new tenant too much! the situation you describe is rare, but sadly it does happen. don't loose heart though, for the most part its worth it in the long run Link to comment Share on other sites More sharing options...
noworriesmate Posted October 12, 2013 Share Posted October 12, 2013 The way the law works is that although you have given them notice and their lease has come to an end, if they choose not to move out then the only recourse you have is to take them to court to get vacant possession. Basically by the time you do this and get sheriff officers/Bailiffs to get them out you will be into the early part of next year. It may still be worth doing this as if you decide to let them continue in the lease until next April they may again decide not to move out. I always advise our Landlords to take out Insurance which covers the cost of doing this - it really isn't expensive and gives a lot of peace of mind especially for ex-pat landlords. NWM Link to comment Share on other sites More sharing options...
Wellers and Whitehead Posted October 12, 2013 Share Posted October 12, 2013 My dad has a block of flats, in one he gave her the required notice however she said she had no where to go, wouldn't leave so he agreed if she left on x date he would pay her bond for a new place. Dads solicitor ( who he's used for many years) advised this is the cheapest option rather than take her to court to get her to move. I have advised him I will manage who goes into the flats ha, as turns out I was the social worker for her unruly boyfriend!! Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted October 12, 2013 Share Posted October 12, 2013 My dad has a block of flats, in one he gave her the required notice however she said she had no where to go, wouldn't leave so he agreed if she left on x date he would pay her bond for a new place. Dads solicitor ( who he's used for many years) advised this is the cheapest option rather than take her to court to get her to move. I have advised him I will manage who goes into the flats ha, as turns out I was the social worker for her unruly boyfriend!! Unfortunately I have friends who have done that over here as well. You shouldn't have to FiFi but if it gets rid of them offer some financial incentive. Link to comment Share on other sites More sharing options...
noworriesmate Posted October 12, 2013 Share Posted October 12, 2013 Unfortunately I have friends who have done that over here as well. You shouldn't have to FiFi but if it gets rid of them offer some financial incentive. We've done the same - advised landlords to let them off some rent etc in order to get them out NWM Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted October 12, 2013 Share Posted October 12, 2013 We've done the same - advised landlords to let them off some rent etc in order to get them out NWM Personally I'm too stubborn but I suppose in the long run it will save you time and money as well as a lot of stress Link to comment Share on other sites More sharing options...
noworriesmate Posted October 12, 2013 Share Posted October 12, 2013 Personally I'm too stubborn but I suppose in the long run it will save you time and money as well as a lot of stress i've printed that off and framed it for posterity!! NWM Link to comment Share on other sites More sharing options...
Guest guest30085 Posted October 12, 2013 Share Posted October 12, 2013 Send some big friends around to politely ask them if they need help with their packing? :wideeyed: Link to comment Share on other sites More sharing options...
Guest The Pom Queen Posted October 12, 2013 Share Posted October 12, 2013 i've printed that off and framed it for posterity!! NWM :tongue: Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.