Residential tenant given notice but now refusing to leave!

Conderned

My tenant served me notice to move out of the property 6weeks prior to the fixed period assured short hold tenancy agreement.
I've since found new tenants and taken a deposit however the current tenant is now refusing to leave.
What procedure must I follow to evict the current tenant?
I have checked the standard notice 21 eviction process which gives the tenant 2minths to leave the property before going to court, however my scenario is not common therefore please help with any legislation you may know that can help me leagally evict the current tenant at the end of the original fixed term period which is 6weeks from now and have my new tenants in on time!

Elfbert

How did your tenant serve you the notice? Written (pen and paper), email, smoke signal, text message, phone call??

And also, do you mean they said they would leave 6 weeks before the end of the fixed period? Or that they gave you 6 weeks notice that they would be leaving at the end of the fixed period?

da_rule

Did you acknowledge and accept the notice?

Miss_Samantha

You need to serve a s.21 notice as your tenant's notice has not effect on the fixed term tenancy or the following periodic tenancy.

Whether you can go after your existing tenant for your loss is doubtful.

PasturesNew

Did you and your new tenants sign the agreement when they paid the deposit, or were you holding onto that until the last minute for them to sign?

da_rule

https://forums.moneysavingexpert.com/discussion/3392964

Conderned

Thanks all.

The tenant served me notice in writing & I acknowledged receipt.

The notice they gave me was to say that they are leaving at the end of the agreement.

When I put the property up for rent it was taken within days. Subsequently the new tenants now have tenancy agreement that begins when the currently live agreement expires, & have paid the deposit & 1st month up front. When I said this to the current tenant, they said that they want to stay on for a another 2 months or so until they find somewhere else. They said that they will keep up with payments & that they will now not be leaving until they are ready to & I should legally evict her if I want her out.
As there is now a breach of trust, I just want them gone now & this has also left the new tenants in a bad way.
Any legislation that will get the current tenant out by when they stated on her own notice which is what I'm hoping to find please.

G_M

The scenario is unclear so till 'Conderned' returns, we are guessing.

* precise date the fixed term was due to end?
* precise date notice was served?
* precise expiry date on the notice?
* method of service of the notice (& whether it complied with address provided)?
* was the notice acknowledged AND/OR accepted?
* was the 'deposit' from the new tenant a security deposit or holding deposit?
* precise terms of that deposit?
* has a tenancy agreement been signed with new tenant?
* precise start date on new tenancy agreement?

However from what you've said:
1) the current tenant is still in their fixed term
2) therefore their notice has no legal force. It is at best a polite 'heads up' of their intentions
3) unless there are other factors (eg rent arrears) only a S21 can be used
4) to evict via a S21 at the end of the fixed term, the S21 should e served 2 months in advance
5) if a S21 is served now (6 weeks from end of fixed term), possession proceeding can commence 2 weeks (aprox, as 4 weeks is not a month) after the fixed term ends.
6) this asumes any S21 served is valid (gas cert, EPC, gov leaflet, deposit registration etc)