A landlord with properties in Wales called our advice team this week, to discuss the best way that he would be able to gain possession of his property.
One of the tenants in the property was in prison, and the other was still in the property. The tenancy had recently become contractual periodic.
The landlord member wanted to know the best way to gain possession of the property, because the remaining tenant in the property had expressed that they wanted to end the tenancy, but they had not given any documents to this effect.
What we advised this landlord to do
We advised this landlord that there are actually several ways for them to gain possession back of their property.
The advisor firstly made it clear to this landlord that the remaining tenant can now give notice for the whole tenancy, because they tenancy had become a periodic one.
In order to gain possession, a valid notice needs to be given by the tenant, in line with rent due dates. If all sets of keys were given to the landlord by the expiry date, and vacant possession attained, then the tenancy would legally end. This is what is called surrendering a tenancy.
The alternative option
The other option they have would be to serve a Section 21 (4) notice on both tenants. The landlord thought that he may know which prison the male tenant was residing in, so he was advised to serve 3 copies of the Section 21 (4) naming both the male and female as tenants. One copy addressed to the female at the property, one copy to the male at the property and one copy to the male to be sent to the prison he was believed to be occupying. The rent due date was the 4th of the month so the landlord had to give 2 months’ notice to be safe ending on the 3rd of a month. Serving by the 3rd December the notice would end on 3rd February 2019. We recommend 2 months and 3 days for safety so recommended service by the 30th November at the latest to expire on 3rd February.
The landlord thanked the advisor for their time.
- Landlord with property in Wales and looking for guidance on serving a Section 21 notice? Read our guidance on this here.
- Are you a landlord member in Wales with questions about the gaining possession process? Or perhaps you want our advice on another area? Give our advice team a call, or drop us an email.