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My mum's tenants won't leave...
HamiltonPOLE
Posts: 61 Forumite
My mum has a flat in london and someone wants to buy it.
On Nov 28th, my mum gave them a letter reminding them that their agreement ends early December, and that they should be gone within a month of that date.
Now I'm aware that they haven't left, and they're not paying anything towards the property.
I just turned 20, so I'm not aware of the legal requirements regarding regaining ones property.
On Nov 28th, my mum gave them a letter reminding them that their agreement ends early December, and that they should be gone within a month of that date.
Now I'm aware that they haven't left, and they're not paying anything towards the property.
I just turned 20, so I'm not aware of the legal requirements regarding regaining ones property.
0
Comments
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Your mum is in deep do do. She needs to issue a s21, go to court and arrange bailiffs. In total this is 4-6 months.
Assuming their deposit was protected?0 -
Has a S21 been issued?0
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Also the tenant broke the agreement, by inviting a friend to live with her for months.
So would this alter the process??0 -
HamiltonPOLE wrote: »Also the tenant broke the agreement, by inviting a friend to live with her for months.
So would this alter the process??
No, the tenant can move in anyone they wish.0 -
HamiltonPOLE wrote: »I just turned 20, so I'm not aware of the legal requirements regarding regaining ones property.
You don't have to be aware but as the LL your mother should be. What kind of tenancy is in place?
When did it start?
What kind of note did your mum send them? Was it a Section 21 notice?
A tenancy can only be ended by the tenant or a court, not the LL. So assuming your mum has issued a Section 21 correctly and protected the deposit correctly then she can apply to court for an eviction order. A Section 21 is mandatory grounds for gaining possession of the property so providing she has got the paperwork correct then she will be granted an eviction order.
If the tenants are also in arrears then your mum could also issue a Section 8 as a belt and braces approach.
Edit: Just realised your mum sent a note giving 1 months notice so a Section 21 has not been served (correctly).0 -
Has a S21 been issued?
She just showed me a copy of a letter she sent. It is a formal letter with the typical address top left corner etc.. stating that they need to vacate the property by x date. I think the letter was handed approx 1 month before the agreement ended, now another month has passed.0 -
Does it say s.21 on it anywhere?
Was the deposit protected?0 -
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That's not an s21. If the initial fixed term has ended then she will most likely need to give them two months notice.HamiltonPOLE wrote: »She just showed me a copy of a letter she sent. It is a formal letter with the typical address top left corner etc.. stating that they need to vacate the property by x date. I think the letter was handed approx 1 month before the agreement ended, now another month has passed.0
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