Serving Notice to my tenants

nicebloke

I need to know the procedure for ending the tenancy of my tenants. I own the house in question and decided to rent it out because of the stagnant market 6 years ago. I have had no issues with my tenant but now wish to move back into my house.

Can anyone advise me on the best way to go about it, ideally I would like them out in 4 weeks but am unsure if this is possible.

Thanks

mrginge

Oh heck.

What type/length of contract are they on?
Did you take a deposit and has it been correctly protected?
How do you think they will react to being evicted?

anselld

When exactly did the tenancy start?
What was the fixed term?
Any renewals since?
Is deposit protected in a scheme?

pinkshoes

The minimum would be 2 months from the next rent date so long as they're not in a fixed period, they want to move out and the deposit is protected.

LandyAndy

But the chances of you getting them out in four weeks is exactly nil if they don't want to go and you don't offer them a big financial incentive to go

LandyAndy

God who'd be a tenant? You make somewhere your home for six years and then someone says 'sorry pal, out on your ear'.

I_have_spoken

decided to rent it out because of the stagnant market 6 years ago.

I dare say a lot of 'accidental landlords' will be looking at rising activity in the market and unwinding of negative equity.

Quite a few tenants may be getting S.21 along the Xmas card in preparation for selling from Easter 2014.

45002

Think the OP got there username wrong !

cynicalgit_2

45002 wrote: »

Think the OP got there username wrong !

Snap.In a week's time it'll probably be worth another £50k so what's the hurry.

sandsni

In fairness, the OP says they want to move back into the house, not sell, unless of course it's the house they were looking to sell with tenants in situ last year

https://forums.moneysavingexpert.com/discussion/4290007=

If you're lucky OP, and offer the tenants a good sweetener, they might agree to move out with two months notice (the minimum you are required to give). Unfortunately, if they decide not to budge (which is likely this close to Christmas), you will have to go through the legal eviction process which could take months. I really hope you protected their deposit (if they paid one) because otherwise you could be in big trouble, both with eviction notices and with fines for not protecting the deposit.

G_M

Read

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

If the tenancy is still in the Fixed Term, you might be lucky and able to use a S8 Notice (ground 1):

Ground 1
Landlord(s) requires the property back in order to live
in it. This ground can only be used if before the tenancy the landlord had lived
in the property as his / her main home and before or at the time the tenancy
begins the landlord gave the tenant notice that they might eventually want
possession for this reason. (The court can sometimes allow the landlord
possession under this ground even if no notice has been given).

The court has to look at all the circumstances, including hardship to the
tenant or landlord before deciding whether to make an order.

But this still requires 2 months notice before going to court. It is then a mandatory ground, so the judge must grant possession (assuming you gave appropriate notice at the start of the tenancy)