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Question

Ending a Tenancy (England) | England | Landlord Wants Tenant to Leave (England)

Section 21 issued, Tenant sent me an email stating, ‘that he has no intention of leaving, as he has some rent paid in advance’.

17 Feb 2022 | 2 comments

Dear Guildy,

My solicitor, has issued on my behalf a’ section 21′ the expiry date for tenant( tenant lets a room in shared house but for several years had the whole house for the price of letting 1 room didn’t even cover the bills let alone the mortgage) to move out is 23rd March 2022, fast approaching this tenant was known to me before letting, but has been very mentally abusive over the years, I also let the property to him far below the market value as stated above, which has put me in financial hardship and im behind on the mortgage as a result, the tenant had paid in advance 3500 pounds he has stopped paying rent now, for 2 months so the advance payment is now down to 2500 pounds and on the expiry date will be 2000 pounds 4 months in advance. I doubt whether i can settle the balance and pay the advance back before the expiry date. Tenant has sent me an email stating, he has no intention of leaving on the expiry date 23rd March as he says I have no intention of paying him back (which is not true) he also says I must issue a new tenant agreement hardcopy stating bills are included, it does not state this on the original (AST from GRL) but for at least 1 reason I believe there would be many legal implications if I issued a new tenants agreement, am I obliged to send him a hardcopy of the original, AST, if asked for? He signed that he agrees to receive notifications by email and I dont see why he does not print if hardcopy needed?. I would like to know what my options in this situation are? As I just wish to benefit more fully from my asset and get out of debt but its not only financial benefit to be had but also as we now do not talk the abuse has ceased at least for now. Yours faithfully. P.S. I live and work abroad in S.E.Asia and its not so easy for me to return especially as I have no where to live as yet.

Answer

2 Comments

  1. 2840

    P.S.
    Just to add that the other tenant in house is a young Lady and I received a message from her just before Christmas that she was looking to leave as the abusive tenant had her worried for her mental health, this was one of a catalyst that moved me to take action.

  2. guildy

    It would help if you didn’t do a new tenancy because that would mean giving further notice.

    We can see no problem with you sending a copy of the original agreement by email, especially when they’ve agreed to receive documents by email.

    We’re confused about how you have such a large payment in hand, but anyway, you can point out to the tenant that they are safe because the law requires you to repay an apportioned amount where the tenant leaves as a result of section 21.

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