Private landlord

ManxManc_1

We have a tenant in our property.  We need the property back for family (landlord) to come live in for a year or so. How can we legally get our property back for landlord to move in??? Landlord wants to move closer to family? Any help appreciated. Thanks 

elsien

Presuming you are in England, you issue them with a valid sections 21 notice, then take them to court if they choose not to leave at the end of the notice period. This will not be a quick process. 

What sort of tenancy do they have - Fixed term, whether without a break clause, or on a rolling contract?  

Alternatively are you willing to pay them to leave? 

Although if your family member is the landlord, they should really know all this already. 

ManxManc_1

As far as im aware its a rolling month by month. Family member 75 and wants to be closer to family now as lives over an hour away.  Never had to evict anyone before. Tenant in high rent arrears applied for UC direct rent payments which they get but tenant threatening to stop his UC now. Tenant been a nuisance for last few years.  Need property back for landlord to move in for a year while they look for a property in my hometown.  It's been on the cards for a while now but think now its time. As time is ticking on. Thank you for yoir help 

ManxManc_1

Tenant not been asked to leave yet we just need advice. 

Grumpy_chap

Has the LL followed all the requirements that allow a valid S21 notice to be served?

Martico

This thread will be worth scanning, it's a guide thay includes the process for ending a tenancy. It's not been recently updated by the look of it (still has covid stuff) but it should provide what you need: https://forums.moneysavingexpert.com/discussion/5180214/tenancies-in-eng-wales-guides-for-landlords-and-tenants/p1

silvercar

Serve a section 21 notice, no reason needed. Also, serve notice under section 8 for rent arrears.

You do both in case one fails eg if the tenant reduces the rent arrears.

It could all take time, particularly if the tenant wants the council to house them, so start soon.

paulintheprocess

You’ll probably need to use the current Section 21 process if you’re in England and all the usual requirements were met at the start of the tenancy. That’s usually the route when the landlord wants the property back for personal use.

If you’re in Wales, it’s different. You’d be looking at serving notice on the ground that the landlord intends to move in themselves, but the rules and timelines are longer.

I’d double check your country, tenancy type, and paperwork first, because what you can do depends on all of that. A local landlord association or solicitor should be able to confirm the right notice for your exact setup.

mlz1413

You need to start this ASAP before the new rules hit next year.

If tenant is in a arrears that would be reason alone to evict, but again use Section 21 and Section 8 asap.

If 75yo family wants to use it as a stop gap before buying a different property, will you rent the property again?
If so do read all you can about the new Renters Rights act. 

artyboy

If the tenant is on UC in arrears, and generally awkward, then it's quite possible you will have to go all the way through the court eviction process before you actually get them out...

Which means you have to be absolutely perfect with your S8/21 paperwork...