Serving tenant notice - noob help!

[deemi786]

I need some help if possible people. I am currently letting out my property out, the lease runs out on 28th August 2012.

 

We would like to move back into the property having just moved back from Singapore when the lease expires. i informed the estate agents managing the property that i chose not to extend the lease and she told me "The lease finishes on 28.08.12. if you want to serve the tenant with notice this will need to be done by 28.06.12."

 

I did so by e mail and phone and just got a e mail from the estate agents saying "I will need to serve the tenants notice today and they will ask me why you are serving them notice, If they refuse to vacate i will also need to give a reason ie: selling property.

It is also worth noting that once notice is served they are free to leave whenever they like therefore if they were to find something they could move out tomorrow"

 

The estate agent phoned and said this was unlikely to happen as he is ill and is speaking to the council to get some help and he will most probably leave later, much later..

 

I informed her that i didnt mind him moving early but if he didnt move out on the end of the tenancy agreement i would not be happy as we wish to move back into the property having just arrived back from Singapore and are spending money on storage costs the longer we cant move in...

 

Is this correct? i thought (perhaps naively) that if i served notice that when the lease expires on the 28th August the tenant must move..

 

What are my options?

[transient]

Yes that sounds correct

[mariner51]

That is incorrect in almost all detail.

 

The LA is a dork. Unless LL served a s2 or is it s3 Notice, prior to signing AST then LL will have to follow normal s21 procedure. s21 is not a NTQ only 1st step in acquiring Court repo order after expiry. T could stay for 2-3 months after end of fixed term/s21 expiry. s21 is a no fault notice, so LA/LL does not have to provide a reason, though returning home to UK suggests no T fault. T may vacate premises at any time but remains liable for rent & property until end of fixed term. T can vacate on last day of fixed term without providing any Notice. LL & T can mutually agree a surrender of the tenancy, pref as a Deed of Surrender, at any time. In this case it may be worth offering T some financial inducement to comply - s21 can cost £175+ and if T stays beyond fixed term then remains liable for rent etc (SPT)

 

Your options - contact T and reach an amicable settlement or follow s21 procedure, provided any deposit taken is protected and T has received 'prescribed info' otherwise your s21 will be thrown out and you will have to start again.