New Tenants since Late 2021- Seeking advice / steer on how to sensitively approach tenants before issuing 'Notice to quit' issue

[Maketa79]

I am respectfully seeking advice from Members please.

 

I need to give tenants the required 4-months Notice so that I can move back into my house at the end of July 2022.  The tenants are a family of four who have been extremely good and have looked after the property exceptionally well.

(i) However, they have also erected/built a very beautiful cottage within the grounds of the property without my consent, and contrary to the terms of the tenancy agreement.

(ii) In doing so, they removed top soil from the garden which taken off the property (I have photographic evidence).

(iii) I would not mind buying the cottage from the tenants if they will offer it at a price I can afford.

 

With regards to approaching the tenants on the issue of Notice to quit, I expect some back clash based purely on the work they have put in in maintaining the property and the nature of their personality.  I need to be cautions and sensitive. 

 

(a) I wondered if any members have had any experience in dealing with sensitive situations where there is a risk of volatility - if so, would you kindly share a suggested approach please?

(b) Also, is it still the case that 4-months Notice is mandatory as was set by Government back in 2020?

 

I would be grateful for any guidance, steer or advice please.  I am a novice and reluctant landlord so, please excuse any seemingly obvious solutions. 

 

I hope you can help and I look forward to hearing from you.

 

With thanks.

 

Maketa79

[Maketa79]

Thank you Unclebulgaria67 - I'm genuinely grateful.

Maketa79

[Maketa79]

5 hours ago, unclebulgaria67 said:

Old and New threads merged

Hello Consumer Action Group Administration Team

 

I thank you for this Forum and for facilitating connections with Members who provided invaluable advice without which I would have not made the progress I have made with the management of of my tenancy agreement.  I have also learnt a great deal from my interactions with Members on this Forum.  I might have had the odd disagreement with one or two members but that is because I felt I was being censored.

 

My present query concerns the merging of my thread with a previous thread which is unrelated to my current query as the two situations are different and involve different tenants.  I am concerned that by bringing the two threads together, this might create the impression that the previous query has remained unresolved and as such the situation becomes rather confusing to the reader, and I might not get the help  that I am seeking from Members.

[Maketa79]

Thank you both honeybee13 and unclebulgaria67.  To clarify, I comment as follows:

(i) this is the same property as in a previous thread.  However, in my opinion, the fact that it is the same property is immaterial and irrelevant in the context of the present query. To what extent does the 'property' play a part in the issues that I have highlighted?  My objective is to de-escalate the situation and achieve an amicable termination of the tenancy agreement. 

 

(ii) I am not dealing with the same tenants and no where have I confirmed this.  So merging threads of two unrelated issues seems to me rather illogical and would likely confuse a Member who might be trying to provide some advice or steer.

 

(iii) no where have I suggested or implied that Members are picking on me, the thought never crossed my mind.  After all, it is me who is seeking help and I am grateful that a Member has taken the time and trouble to read my post, and it is a bonus if they take the time and trouble to reply and offer some advice.  So where am I getting bogged down, honeybee13?  

 

(iv) in my opinion, it would be illogical and confusing to bring in to play a historical and irrelevant query which has no bearing on the present circumstances.  Why would I provide a history and add to an event which is no longer of relevance?

 

I would be grateful if you could please reconsider your line of thinking and some of the assumptions you made.  I agree the issues are complicated, that is why I've resorted to seeking advice from Members with a view to finding a way or an approach to de-escalate the situation as well as achieve an amicable solution.  

[Maketa79]

Hello stu007 - thank you and thank you for your objective analysis and subsequent questions.  I'm genuinely grateful to you for taking the trouble / time to read my post. 

1. Yes - I was seeking some steer / pointers on how I might terminate the tenancy amicably.  The cottage or shed - would be something I need to look into in terms of definition but the construction is pretty solid and professionally done, the gentleman is clearly talented and he has built an admirable structure, complete with an outdoor jacuzzi.

2. Yes, you're right - I do not expect Members to know the tenant who I know to think the worst of any situation and needs to be approached with some sensitivity - he is the type that will not entertain an opposing viewpoint.  But he is a first class citizen and tenant. I hope that is not too much of a contradiction but I'm alluding to sensitivities.

3. Yes, there is electrics and plumbing in the cottage / shed (it's constructed of wooden panels).

4. Yes - I can see the legal implications and potential for costs incurred if the structure is demolished etc.

5. Yes - I'm aware of planning permission though I have not yet checked to see if the size of the structure falls within the required criteria, I need to check this - thank you.

6. The tenancy started in December 2018.

7. It's an Assured shorthold tenancy Agreement which is now on a periodic basis.

8. I wanted to serve Notice to quit based on a non-contentious route; I genuinely need to move back to my house.

9. Deposit is paid and secured through a regulated agency

 

As a final point, I have always strived to have a healthy working relationship with the tenants.

 

I hope the above clarifies the points you have raised.  Thank you once again.

[Maketa79]

Hello Mantis Shrimp and thank you for reading my post and subsequent responses from Members who are trying to help me. 

Your summary is correct. 

The only other thing I would seek to clarify is the current allowable period of Notice to quit -

I am reading variously that this is still 4 - months and 2 - months for assured shorthold tenancy? 

I would be grateful if you could please explain what you mean by 'government sanctions'.

 

Thank you.

 

[Maketa79]

Hello stu007 - thank you so much for the timely guidance,  steer and the above link which I appreciate very much. 

I have taken on board all the cautions you have provided which I have to admit, hadn't occurred to me. 

the approach I've decided to take is to try and work with the tenant by having an initial meeting with him - how he engages with the conversation and reactions will determine how then I take things forward. 

I intend to point out the risks and issues, and ultimately my intention, mainly that my personal circumstances have changed and I now need to return home. 

I have some views on how he will react and there are issues around active listening which might bring some barriers to the conversation, but I thought I should give it a try if I am to get an amicable result.

Once again, thank you very much stu007.  Please do not hesitate to add any more comments should anything else cross your mind.

[Maketa79]

Hello - unclebulgaria67 (&honeybee13),

with respect please see how stu007 has dealt with my enquiry. 

I hope you will see that historical events which you are highlighting are and remain insignificant in this instance. 

The circumstances might be very unusual, but I thought that is why members come on to this Forum for, to seek help on sometimes 'unusual' circumstances. 

In my experience, with the exception of the times I have come across responses such as yours, I find that Forum Members deliver. 

Stu007's advice and guidance was an education for me - he did not brag about it, neither was he patronising. 

That is how it should be. 

There was nothing to be gained by delving into the history except to ferment confusion for those trying to help. 

I'm mystified by your boastful assertions and asking the question

-  Do you think any online forum could provide any useful advice when the position you have outlined is so complicated?". 

Clearly if you had no contribution to my query, you could have elected to help others with less complicated circumstances. 

As it is, Stu007 most definitely resolved my situation and even added extra cautionary notes to his advice.

Great stuff>

Thank you Stu007

- your humility and ability to analyse my situation was second to none!!! 

[Maketa79]

Thank you for all your replies which I have carefully noted. 

 

I comment as follows:

 

1. My track record on this Forum will show that I'm always grateful for the advice I receive from Members and I always come back to both acknowledge the advice as well as express my gratitude.

 

2. Because I am less knowledgeable on tenant/landlord issues than the veterans on this Forum does no make me a subject for being patronised. 

 

For example, I have asked the question - what value was to be gained by delving into the past history which had been the subject posts. 

 

The matter upon which I was seeking advice was a specific and discrete matter with NO dependences or implications on previous, events. Hence the advice received from stu007 proved my point.

 

3. For those Members who felt the matter was too complicated, they could have easily moved on to other areas of the Forum where I'm certain there other contributors seeking help, just like I was. 

 

There is nothing to be gained by telling me that my issue is complicated and yet at the same time blaming for not having sign-posted you to previous posts linked to the property in question.

 

4. Unclebulgaria67 asks the question "...am I grateful to stu007..." - he clearly hasn't read my post, which is the very post he is criticising - I have thanked stu007 profusely.

 

5. I accept and embrace constructive feedback - but I do not tolerate feedback based on assumptions, where did it say that I only want to read responses that say what I want to hear? 

 

That is so NOT true- the path unclebulgaria67 was going down, enquiring about historical events was clearly unproductive and added no value to a possible solution to the problem.

 

6. I'm sorry I have not provided an update partly because I felt this was just taking Members' time reading yet another post - I did everything stu007 recommended I do, including inspection of the premises at the tenant's expense.

 

I have done everything stu007 advised that is why I have come back after 2-months to thank him.

 

So I'm not sure what kind of 'gratitude' unclebulgatia67 is referring to - it feels as though his attitude is patronise and belittle, which as far as I am concerned is of no consequence - it is his time to waste venting whatever is under his bonnet!

 

7. As for Stu007 - I am thanking you genuinely and I am not having a go at your colleagues.

 

We live in a democracy so if your colleagues express an opinion which is out of line, I will soon respond to them in a robust way - they are not the font of all knowledge!!! 

 

But taking 'offence' to sincere and honest comments is something that I will not dwell on as I am very weary of emotive language.  I prefer logically presented and factual statements.

 

8. As for BazzaS's comments and use of the word 'simpering' gratitude - there seems to be the manifestation of a 'bully' seeking for attention;

 

I would go so far as to say there seems to be a trace of perversion in how he has twisted the situation. Make yourself useful and go to a post where you can help someone in need, 

 

As for my attitude, what aspects are you referring to?

Based on what?

Have you thought about your attitude? 

Are you an authority on 'attitude'? How are you defining it in this context?

[Maketa79]

With respect, Bedtime123 & BazzaS, 

what you're going on about is now history because stu007 laid it all out explicitly, and no uncertain terms - his logic was clear and I did exactly as he suggested.

i do not see any value in you taking a retrogressive stance other than to cause confusion and most probably satisfy your own ego, or may be you have got too much time at your hands - idle minds etc.

What exactly are your expectations?

You did not contribute to this trail so what is it that is bothering you exactly other than the pervasion that you are clearly manifesting. 

I am adopting this tone of language which at the back of your comments which are unwelcome, uncalled for and unnecessary.

  Once again - stu007 has addressed all the issues so stop patronising me. 

Since you consider yourselves as experts, use your time positively and constructively by helping others in a progressive way.  I will not be bullied by cyberbullies!