Part 4 tenancy - tenant there 4 years

[elainem]

Hi! My tenant has been there four years, so I understand a new tenancy now starts. However, I have had hassle with letting agent - see other post - and now wish to take over the management of the property myself - letting agent not passing on rent.

The 4 years is up on the 12th March - Should I have given notice a month ago, or can I give notice now that I want her to vacate the property - I am quite happy to give the 120 notice if required. Bascially, I have had such hassle that I don't want to let the property again. I am currently applying for change of use of the property to be able to use it as a business premises, and it appears that I may be able to obtain this, where part of the house is used as a business, and the remainder can be used by family.

Does anyone know what my rights are in this situation. Thanks.

 

[Bronte]

In case you don't get planning permission would it not be better to continue with the tenancy? The tenant is paying the rent for the last 4 years and would therefore seem to be a good tenant?

 

[facetious]

If the tenant has been in the property for over 3 years but less than 4 years, you are required to give a notice period of 84 days or if the tenant has been there more than 4 years, 112 days notice are required (these may be shorter by mutual agreement with both parties but may not be written into any lease contract).

You must state on the Notice of Termination the reason/s for the eviction using one or more of the grounds available. If the grounds are not adhered to, then the tenant has the right to return or claim damages for illegal eviction. That is, if your planning application fails, the tenant may return or claim through the PRTB. This is to prevent the landlord saying something when really he just wants a (Bad) tenant removed.