42 Day notice given but plans have changed

[Crookie]

I have given a tenant a 42 day notice and they have found another property, I was going to move in to the house but circumstances have changed, what should I do to make sure I don't get in trouble? Tenant was pretty upset at being given the 42 day notice in the first place. If I did move in, how long would it need to be for before I could re-advertise.

[fuzzlevalve]

As long as documented no issue. Advise tenant in case they want to stay, unless any PM's on here advise against that.

[artemis]

Suggest make a time to sit down with tenant and explain. I would also offer to help with moving expenses, maybe a week or two free rent. Set it all out in an email as a record of agreement (if reached) or the discussion in case it is needed.

[Keys]

^^ agreed.

[SimonW]

Whatever you do, don't advertise the property at a higher rent than what the outgoing tenant was paying. You don't want to be accused of tipping them out just to raise the rent - and using the 42 day notice as a reason to do it quickly...

[Keys]

^^ same applies as in tax issues. What was the intent of the notice when issued?

[Don't believe the Hype]

^^ same applies as in tax issues. What was the intent of the notice when issued?

I'd be more confident going up against IRD with the intent test than with the TT.

[Keys]

Agreed. Too many landlords use the 42 day notice to shaft tenants.

[donna]

Why not just move forward as intended, and use the opportunity to renovate the property while you're living in it and after the renovations are done then rent it again - and it could be for more as it's a higher spec property now. Anything wrong with doing this?

cheers,

Donna

[mrsaneperson]

As long as the intention to move in yourself at the time notice was served, then the 42 day notice was served legitimately . When you changed your mind regarding that original intention ,as far as I'm aware their is no obligation to then retract the notice or inform the tenant.

[Tenant17]

Also worth noting, although slightly off topic, if the house is owned by a company or trust, the LL cannot use the 42-day notice on the basis that they (or their family) are moving in. Thought I'd mention it as in my experience it is not well understood by LL's.