Repossession of house under S8

haras_nosirrah

cjdavies wrote: »

However the tenets could stay after whatever notice OP gives as only a court can evict.

OP runs the risk of double rent but giving notice to their landlord if they don't leave themselves.

http://www.legislation.gov.uk/apgb/Geo2/11/19/section/18

https://www.landlordlawblog.co.uk/2009/12/01/ancient-law-may-help-landlords/

I know the tenants don't have to leave

If they get a 6 month let now then that gives until feb so if they give their tenants notice for 25th jan they they should know if they move out before the op is in a position of having to move out of their rental. Don't hand your own notice in until the tenants have moved out to avoid the double rent scenario

elsien

Mistyglaze wrote: »

I was sure it was fixed term until EA advised we could issue 2 months notice. They have all documents/contracts at their disposal while pulling together their advice.
The tenancy is due to end 25th December 2018.

I am considering all options, and this is just one.

Do you not have your own copies of these? On what grounds specificlly are they suggesting you can give 2 months notice if it's a fixed term contract?

G_M

Mistyglaze wrote: »

.......

So if a s8 does not apply, because I didn't give them that prior warning (as this was not the intention) before they moved in), am I able to give them a s21 notice that has the rest of their tenancy as notice (or a notice that I won't be extending the agreement) in the hope that they would likely want to be moved and settled before Christmas?

Sigh! Already answered.


See my post 5 above.

G_M

Mistyglaze wrote: »

....

They're email is as below in response to my phone call asking for advice about terminating the contract:

"I have had a look into this and we can serve a section 8, schedule to grounds 1, notice to quit. (recovery of possession) Which is a minimum 2 months notice and can be served any time.

We can do this for £150 inc VAT and to include the outgoing inspection and dealings with deposit.

If you wanted to let them know first just let us know and then we will serve the notice."

I called the day after receipt of above to confirm what a s8 was and queried whether we could use this as we're in a fixed term contract and they reaffirmed their email.

As already explained, they are right that a S8 ground 1 can be served during the fixed term.


As for whether it would succeed in court, we have already discussed the wording of the ground in question, what it means and the conditions for it to succeed.


Did you, or they, serve "notice in writing to the tenant that possession might be recovered on this ground" "Not later than the beginning of the tenancy"?


It's a simple yes/no question but is fundamental to whether a S8 ground 1 would succeed, or be thrown out by the judge.

franklee

Mistyglaze wrote: »

No, we did not have the foresight to serve that notice in writing or verbally before the start of the tenancy.

Have you checked with the letting agent? They may do it as routine. Or may be in the tenancy agreement if that was given in advance.

G_M

Mistyglaze wrote: »

No, we did not have the foresight to serve that notice in writing or verbally before the start of the tenancy.

Then if you serve a S8 gd 1 you will be dependent on convincing the judge "that it is just and equitable to dispense with the requirement of notice".


Let us know what argument you put forward and how the judge responds.

Bear in mind that judges generally don't like making innocent tenants homeless mid-tenancy........!

Mistyglaze

Thanks for all the advice last year.
Tenants accepted the notice and left within 6 weeks.
There were no issues ether end.
Thanks again.