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Tenants don't want to leave

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Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 10 January 2014 at 11:13PM
    You have to issue a properly written Section 21, for two months. The two months starts on the next rent date. e.g. if the rent date were the 9th of the month you'd have already missed it and if you issued it tomorrow (11th) then the two months would start on 10th February with a vacating date of 9th April .... .
    Not anymore. A S21 (1)(b) can be served at any time, giving two calendar months notice. (assuming the tenancy originally had a fixed term, but even if that fixed term has now ended.) See Court of Appeal [FONT=&quot]Spencer v Taylor[/FONT] 2013.

    OP. Unless the tenant agrees voluntarily to leave earlier, there is no way you can evict in less than 2 months. And the longer you wait before serving a S21Notice, the longer it will be.

    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?)

    Make sure you have followed the deposit registration rules, or your S21 will be invalid and you will be back to square one.
  • tbs624
    tbs624 Posts: 10,816 Forumite
    G_M wrote: »
    Not anymore. A S21 (1)(b) can be served at any time, giving two calendar months notice. (assuming the tenancy originally had a fixed term, but even if that fixed term has now ended. See Court of Appeal [FONT=&quot]Spencer v Taylor[/FONT] 2013.
    See also post 25 above:)
  • tbs624
    tbs624 Posts: 10,816 Forumite
    thesaint wrote: »
    I think the only way the landlord can get their property back by a method that will work 100% is by enforcing a Sec 21 notice.
    Has to have been validly served , of course, before it can be enforced. OP needs to clarify the deposit reg query
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