Any reason why we shouldn’t extend notice?

Maya22

I issued tenants with 8 months notice for substantial renovations and they are due to leave in May. They have mortgage approval and are trying to find a place but have asked for 2 months extra so that their child doesn’t have to change schools when there’s only 2 months left. I am willing to do this as I understand how hard it is and how long it takes. Is there any reason why I shouldn’t let them stay, would I be screwing myself legally in any way?

Samuel T. Cogley

There's the potential that new laws may come in regarding what is considered a substantial renovation. You've unfortunately no way of knowing how long it will take them to find somewhere, it could be they may not be able to.

amcalester

If they were to overhold it’ll take you more than 2 months of dealing with the RTB to get them out.

Maya22

Samuel T. Cogley wrote: »

There's the potential that new laws may come in regarding what is considered a substantial renovation. You've unfortunately no way of knowing how long it will take them to find somewhere, it could be they may not be able to.

Yes I understand that they might not find somewhere... they have given their word they will move out regardless but that’s just their word. Do I need to give them new notice to end in June? If I let them stay will it cancel out the previous valid termination notice I gave? Would I have any leg to stand on with the RTB if they didn’t leave? They have offered to pay more rent for the two months but as I understand it, I can’t accept that as it could be misinterpreted as the new rent and that I’m willing to let them stay?

With the new definition of substantial refurb, we would defo meet all the criteria and more but hopefully that wouldn’t change altogether and ban them.

Maya22

If they’re going to go down the overholding route I do feel they’d do it in May regardless. Giving them the two months extra might help avoid it.

Samuel T. Cogley

Maya22 wrote: »

Yes I understand that they might not find somewhere... they have given their word they will move out regardless but that’s just their word. Do I need to give them new notice to end in June? If I let them stay will it cancel out the previous valid termination notice I gave? Would I have any leg to stand on with the RTB if they didn’t leave? They have offered to pay more rent for the two months but as I understand it, I can’t accept that as it could be misinterpreted as the new rent and that I’m willing to let them stay?

With the new definition of substantial refurb, we would defo meet all the criteria and more but hopefully that wouldn’t change altogether and ban them.

I'm afraid I can't comment on the notice front, I don't know enough about it to be 100% sure I was giving you the correct info.

Claw Hammer

I would let the notice period stay as is. I would tell them that you will hold off on an RTB hearing and if they are gone by the time the complaint is heard you will withdraw the complaint. I would make the complaint after they overhold and then I would stall the hearing. No way would I change the termination date.

Maya22

Claw Hammer wrote: »

I would let the notice period stay as is. I would tell them that you will hold off on an RTB hearing and if they are gone by the time the complaint is heard you will withdraw the complaint. I would make the complaint after they overhold and then I would stall the hearing. No way would I change the termination date.

Would it still be overholding if they paid rent for the two months?

the_syco

Maya22 wrote: »

they are due to leave in May. They have mortgage approval and are trying to find a place but have asked for 2 months extra so that their child doesn’t have to change schools when there’s only 2 months left.

So they have no plans to find a place in the next 3 months, but totally have a plan to find a place in the 2 months following that?

As Claw Hammer has said; let the notice period stay as is.

amcalester

Maya22 wrote: »

Would it still be overholding if they paid rent for the two months?

Yes, you accepting the rent doesn’t negate their over holding.

Maya22

the_syco wrote: »

So they have no plans to find a place in the next 3 months, but totally have a plan to find a place in the 2 months following that?

As Claw Hammer has said; let the notice period stay as is.

Well I gather that they are planning to actually buy a house somewhere outside of the city centre but wanted to avoid moving the child from primary school twice. Am I being naive?

the_syco

Maya22 wrote: »

Well I gather that they are planning to actually buy a house somewhere outside of the city centre but wanted to avoid moving the child from primary school twice. Am I being naive?

If they went sale agreed tomorrow, it could be another 8 months before they actually moved into the house. From what I've seen on here, it's not always a straight forward process.

LotharIngum

Maya22 wrote: »

I issued tenants with 8 months notice for substantial renovations and they are due to leave in May. They have mortgage approval and are trying to find a place but have asked for 2 months extra so that their child doesn’t have to change schools when there’s only 2 months left. I am willing to do this as I understand how hard it is and how long it takes. Is there any reason why I shouldn’t let them stay, would I be screwing myself legally in any way?

You have put into action an out that is valid at the moment. Don't mess that up by assuming that there wont be more legislation and interference from the government to supper your long term plans. Stick to your exit strategy because it may close if you stray from it.
Ask anyone who was being nice to their tenants charging them below market rent out of the goodness of their hearts a few years ago. They have been righly screwed over for being nice.

Maya22

LotharIngum wrote: »

You have put into action an out that is valid at the moment. Don't mess that up by assuming that there wont be more legislation and interference from the government to supper your long term plans. Stick to your exit strategy because it may close if you stray from it.
Ask anyone who was being nice to their tenants charging them below market rent out of the goodness of their hearts a few years ago. They have been righly screwed over for being nice.

Ha thanks, I’m one of those locked into rents from years ago too. My gut is telling me they are genuine as they’ve been great tenants so I feel sorry for the child moving schools but definitely don’t want to get screwed over by new legislation

MicktheMan

Maya22 wrote: »

Ha thanks, I’m one of those locked into rents from years ago too. My gut is telling me they are genuine as they’ve been great tenants so I feel sorry for the child moving schools but definitely don’t want to get screwed over by new legislation

Well done OP on trying to do the decent thing by your tenants. Isn't it a pity all round that you are being prevented of doing so by the fear of possible future actions of the very people who are tasked (and being paid handsomely in the main) with sorting this mess out! Rant over.

GGTrek

Claw Hammer wrote: »

I would let the notice period stay as is. I would tell them that you will hold off on an RTB hearing and if they are gone by the time the complaint is heard you will withdraw the complaint. I would make the complaint after they overhold and then I would stall the hearing. No way would I change the termination date.

OP, this is the best advice you got. By law the tenant has to pay rent until the day he/she returns possession (overholding or not does not matter w.r.t rent payment).

Maya22

Thanks for all the advice. I won’t change the termination notice or date and will explain to the tenant about withdrawing the case from the RTB once they vacate end of June. Is there any reason why I shouldn’t put this in writing, should I be calling them to tell them unofficially?

the_syco

Maya22 wrote: »

Is there any reason why I shouldn’t put this in writing

Ring them and tell them. A letter could be taken out of context, by a lawyer on behalf of the tenant.

GGTrek

Maya22 wrote: »

Thanks for all the advice. I won’t change the termination notice or date and will explain to the tenant about withdrawing the case from the RTB once they vacate end of June. Is there any reason why I shouldn’t put this in writing, should I be calling them to tell them unofficially?

You do not need to raise a case to the RTB on the first day of overholding. Normally if you do it within two months from the first overholding date the RTB adjudicator will not make any assumptions about the landlord having implicitly renounced the termination.

GGTrek

Maya22 wrote: »

Thanks for all the advice. I won’t change the termination notice or date and will explain to the tenant about withdrawing the case from the RTB once they vacate end of June. Is there any reason why I shouldn’t put this in writing, should I be calling them to tell them unofficially?

Absolutely do not write anything down about you waiting after termination date. Tell them that you would prefer if they moved out on or before the termination date, but you will wait a few weeks before raising a dispute at the RTB if they overhold. Do not specify how long. You need to be clear that you are dead serious (8 months is an absurd amount of time given to tenants by the screw the landlords amendments passed in 2015, a property with long term tenants is virtually unsellable with long term tenants nowadays due to these ridicolously long notices).

Claw Hammer

I would put in the claim of overholding before the next rent after the overholding starts is due. I would ask the RTB to hold back on adjudication after they notify the tenant of the dispute on the basis you are in talks.