When to proceed to court to obtain eviction

MaryNB

Fresen said:

@macman thank you this is helpful and in line with what I thought. For clarity, can the section 21 be served again, with the correct notice period, i.e asking her to leave with 2 months notice, I.e on 15th September ask her to vacate on 15th November, day after her fixed term ends. Waiting is not a problem, he is in no rush, I just want things to be done correctly. I agree estate agent needs binned.

It's still 4 months notice. The notice doesn't revert to the standard 2 months until October. 

goldfinches

Is there any chance your tenant can afford to purchase the property themselves? It might be worth your offering them a preferential price if they were in a position to get a mortgage.

GDB2222

Fresen said:

There was a break clause  one year into the tenancy. This was prior to my partner wanting to sell so there was no need to want her to leave. Is there any other information I have left out? Can tell you anything you would need to know. Thank you.

Mostly, a landlord issues a S21 and the tenant leaves without demur. 

This case is different, as the tenant wants to be rehoused by the council. That means that the case will definitely go to court, so you’ll be best off hiring one of the specialist solicitors now. 

Or, better still, buy the tenant off, as others have suggested. 

Fresen

Ok, thank you all, I will reissue the notice, with correct requested leaving date, ask estate agent if she would consider leaving if we can pay towards her costs, and if that fails go to court when possible.