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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7569
Experience:  BA (Hons), PgDip, Practising Solicitor
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We gave our tennat notice to leave the property on 1st July

Customer Question

We gave our tennat notice to leave the property on 1st July 2009 on a section 21, Assured Shorhold Tenancy: Notice Requiring Possession. At the end of the two months notice she told us she would not be leaving and that we had to evict her if we wanted her out. As it would have been very near christmas by the time we would have had her evicted through the courts we did nothing about it at that time. We would now like to start proceedings but need to know whether we have to issue her with another Section 21 notice.
Thankyou in anticipation.
Submitted: 7 years ago.
Category: UK Property Law
Expert:  Thomas replied 7 years ago.

HelloCustomer

 

Assuming the notice is in the correct form and that you have the right to serve it then the notice is still valid, there is no time bar applicable to your situation.

 

You should perhaps again tell the client that you are going to apply for to the court for possession to see if she goes willingly. Otherwise you can make an application through

www.possessionclaim.gov.uk/pcol

 

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Expert:  Thomas replied 7 years ago.

Hello Martinbushell,

 

I've just been reviewing some of my answers and I think I should mention that you should re-check the actual notice you served yourself to see if that contains a particular clause which limits the time by which an application for notice must be made.

 

If it does have a clause relating to time limits, it will likely specify it to be a certain period of time since the notice had been served.

 

Kind regards,

 

 

Tom

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