Section 21 or notice to quit

[Manny1997]

Hi

 

I rent my property to a charity (recently featured on panorama)

in august I gave them 28 days notice of a rental increase which they’ve finally responded to saying that they refuse the increase and I should issue them with a section 21. 

 

The tenancy was set up as an AST which I now believe is the wrong sort of tenancy seeing as they are ltd. 

 

 Is anyone able to advise as to what’s the best way to go about this? 

[stu007]

Hi

 

Is it the AST in the Charities Name Only or in the Tenants they placed into the Property?

 

Who is paying the Rent for the Property is it the Charity themselves or the Tenants they placed into the Property?

 

Do you have anything Signed by the Charity that they will make good any damages to the property/pay for the damage?

 

Is the AST the only documentation you have signed by the Charity?

 

If you are near your Property I would issue the Charity the required notice that you want to do a Property Inspection and photograph and damage etc to the property. (I hope you have photographs on the condition of the property before letting to this charity).

 

As for them refusing the rent increase and stating to issue a section 21 make sure and keep that response very safe.

 

Now when you issue the Section 21 Notice you name both the Charity and to the Occupiers of Property Address XXXXX and you send ot to both the Charity and to your Property Address. (note the to the Occupiers part is only if you are unaware of the Tenants names that are in the Property) if they aren't named on the AST Signed.

 

 

[Manny1997]

Hi

 

the AST is in the charities name and the rent is paid by the charity.  It does say in there that they will make the property good. I do have photos of the property and I understand the house is now not looked after and has animals in (hence the increase I can’t really afford not to have the guaranteed income tbf).  
They have a duty to house her so If this takes a while will they get away with not paying any rent?

[stu007]

Hi

 

I would do as I mentioned in post#2

 

Does the AST have anything in it about Pets i.e. no pets allowed?

 

As I mentioned if you are near the property give the required notice to both the charity and the tenant occupiers of the property that you want to do a Property Inspection which your are legally entitled to carry out.

 

Give the required Section 21 Notice to both the Charity and the Tenant Occupiers of your Property as per the Signed AST. (the benefit you have is they haven't went down the process of challenging this rent increase but simply told you to issue a Section 21 which you have the evidence of)

 

Please also bear in mind the Eviction process will take time and the Charity or to be specific the Tenant Occupiers of your Property may refuse to move dragging this process further where if your get the Eviction CCJ you may have to escalate it to HCEO's . (this is just my air of caution as I am not saying that will happen but just to make you aware it could possibly happen prolonging the eviction process)