how to get tenant to leave

olivia1996_2

I have been renting a property out for the last year or so on a shorthold tenancy agreement for 26 weeks(this used to be my main residence but i moved in with my partner). This agreement was last renewed on 1/5/07. The problem is that I have split up from my partner and need to move back in as I have no where else to live. Please can someone tell me how to get the tenant out, how much notice to give etc so I can move back in legally - thanks

missk_ensington

Its either 1 or 2 months, I can't remember which although this is assuming your tenant leaves happily. If he/she refused to leave, you might have a problem. If it turns out you need to give 2 months, then maybe you should have an informal chat with your tenant, explaining your situation and asking them if they'd mind co-operating to help you out.

Hope it works out

Generali

If you've given them a new AST, then it's the full 6 months as I understand it. You might be able to come to an arrangement with them that you buy them out of the contract (or they might even move out of the kindness of their hearts) but you can't insist on it.

If they've gone on to a periodic tenancy, you need to give them 2 months notice from the date that they next pay rent. E.g. if the rent is due on 18th October, you can give them notice today to leave on 18th December.

If they signed a new AST on 1st May and you haven't protected their deposit then you need to do it pronto as you can't issue an eviction notice until their deposit is protected.

olivia1996_2

Hi

what do you mean about protecting their deposit. Also if I issued them with a 26 week tenancy on 1/5/07 does that mean that on 1/11/07 they have to move out or do I then need to give them notice?

thanks

Guy_Montag

olivia1996 wrote: »

Hi

what do you mean about protecting their deposit. Also if I issued them with a 26 week tenancy on 1/5/07 does that mean that on 1/11/07 they have to move out or do I then need to give them notice?

thanks

do they pay rent monthly or weekly?

If they pay monthly, you need to issue a correctly worded Section 21 eviction notice, before the 1/11/07 to evict them on the 01/01/08 (two months' notice ending on rent day). If they pay weekly I think you only need give one month's notice. See here They may be planning to leave at the end of the tenancy anyway. I would start by asking them what they intend to do. If you really want the place back sooner, you must come to an arrangement with the tenant. Your best bet is to offer them a cash inducement to leave.

If you have not protected their deposit you cannot issue a Section 21 notice until such time as you do. In addition the tenant can sue you for failing to protect it & will win three times the value deposit. More info here

Generali

From 6 April 2007, all deposits (for rent up to £25,000 per annum) taken by landlords and letting agents for Assured Shorthold Tenancies in England and Wales, must be protected by a tenancy deposit protection scheme.

Deposit protection scheme link

3. The Landlord can not terminate the tenancy unless he has given two months written notice in the form of Section 21 of the Housing Act 1988.

Eviction link

You can't just kick your tenants out. You need to give them notice (not unreasonably IMO as it is their home).

I'm surprised that your lettings agent didn't explain this stuff to you. Do you have a gas safety certificate?

coal9011

Sounds to me that your timing is just about right.

You can issue a tenant with a section 21 (notice to leave) any time after 4 months of the new tenancy (1/5/07) giving them 2 months notice - so you can do that now or wait until the 1st. of next month.

If they don't leave (they don't have to without a court order) you can then apply to the court for possession of the property using the "accelerated proceedure" which should give you possession within 6/8 weeks (8 weeks if you need to order the court's baillif's). This should all be straightforward providing that the tenant can not prove that you have beenan "evil" landlord.

In your tenant finds some grounds to defend your claim for possession (unlikely) Providing you are not telling "porkies" about spilting up with your partner, then you have addiditional "mandatory" grounds under the Housing Act (it was once your principle place of residence and you now require it back because YOU require to live there).

I can't see you having any problems ................... poor bloody tenant!

BobProperty

Generali wrote: »

I'm surprised that your lettings agent didn't explain this stuff to you. Do you have a gas safety certificate?

and Fire Tag on the soft furnishings?
I agree with what has been said so far. Deposit needs protecting, fastest you can get S21 for is 01/01/08, if you have to go that route.

Generali

coal9011 wrote: »

Sounds to me that your timing is just about right.

You can issue a tenant with a section 21 (notice to leave) any time after 4 months of the new tenancy (1/5/07) giving them 2 months notice - so you can do that now or wait until the 1st. of next month.

My understanding is that you can't issue a section 21 notice if the tenants' deposits aren't protected. Presumably they're not as the OP has never heard of these schemes.

BobProperty

coal9011 wrote: »

In your tenant finds some grounds to defend your claim for possession (unlikely).....

That's "unlikely" until they start asking for advice on here....;)

coal9011 wrote: »

Providing you are not telling "porkies" about spilting up with your partner, then you have addiditional "mandatory" grounds under the Housing Act (it was once your principle place of residence and you now require it back because YOU require to live there).

Don't you have to specify that in the tenancy agreement. i.e. the tenancy agreement must warn the tenant that it used to be the landlord's family home so they may need it back for that purpose in the future?

epz_2

have you thought about contacting the tenants, offering to pay a couple months rent and moving costs if they leave early.

it will likely be a couple of months legal stuff plus you having to rent, possibly needing to get a long term lease yourself.