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Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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A tenant living at my house, the contract expires next month,

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A tenant living at my house, the contract expires next month, I gave a verbal notice 1.5 months and written notice of 1 month to vacate my property. We signed the contract which says that it's enough to give one month notice to vacate the property from both sides. I have received letter from my tenant that by 1988 Housing Act section 21 (4) I have to give minimum of two months notice and that they not going to vacate the property untill they get a Court order and a bailiff warrant of possession. What can I do about it? Many Thanks.
Submitted: 4 years ago.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Thanks for your question.

 

Yes, I'm afraid that the tenants is correct. You must serve a s21 Housing Act 1988 upon the tenant in order to obtain a Court order for possession. Regardless of what the tenancy says you can only end it by serving a s21 notice, which is two months in length.

 

You will have to serve the s21 Notice giving two months notice and the notice must expire must be the last day of a period of the tenancy (ie. the end of the month if the rent period is from 1st until end of month).

 

You can download an appropriate form of notice from:-

http://www.lawdepot.co.uk/contracts/eviction-notice-forms/

 

This is the link to the Communities and Local Government guide for landlords on assured and assured shorthold tenancies. It’s a very good reference guide that you may wish to avail yourself of in future:-
http://www.communities.gov.uk/publications/housing/assuredassuredlandlords


Sorry it could not be better news.

 

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 Property Law
Satisfied Customers: 6375
Experience: BA (Hons), PgDip, Practising Solicitor
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