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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi. We have given 2 months notice to tenants in a property

Resolved Question:

Hi. We have given 2 months notice to tenants in a property of ours who have an assured shorthold tenancy. They advised our letting agent 4 days before the notice expired that although they had a deposit for moving and they were packed, that they would not be leaving until they had found another suitable property. We went to see them one day after notice had expired and they were seeing 3 properties that day and assured us they would take one of them. They subsequently refused all of them! There are no children in the household (although we have now been told the tenant has been running a childminding business from the property without ever seeking permission from us or even advising us) The 3 adults of the household all work so they are not suffering any hardship.
Our daughter and her partner and toddler were supposed to move in on Wednesday having acted properly under the terms of their tenancy. Our tenant has allowed them to store some furniture in the house but refuses to leave. We are at our wits end and our agent has allegedly applied for accelerated court proceedings but doesn't seem to understand the process which instills little confidence in us. Can you give any advice please as our daughter is technically homeless.
kind Regards
Debbie and Phil Hood
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi Debbie and Phil,

 

Thanks for your question.

 

I'm afraid there's no magic legal bullet for your issue. The agents are correct in that they should now apply for accelerated possesion proceedings as, clearly, you are entitled to assuming the original notice was served in the correct form. If it was not then you will be able to sue the agent to recover the loss you suffer.

 

In the end, you pay the agents to make these applications and are entitled to chase them again (and again) about getting on with the application. Do that, be persistent. If they admit they do not know what they are doing then you're going to have to negotiate with them about getting a solicitor to do it for them. Plainly the costs of the instructing a solicitor will be the main point of negotiate but I would ask them to pay for it because it's no doubt a breach of their duties under your agreement with them. If they want your business in the future they will pay.

 

If the tenants do not leave after the order for possession then you will have to get the Court bailiffs to evict them.


Though I'm certain your very concerned about your daughter's accomodation, I'm afraid it's not really relevant to your dispute with the current tenants.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6644
Experience: BA (Hons), PgDip, Practising Solicitor
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