UK Property Law
Ask an UK Property Law Question, Get an Answer ASAP!
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:-
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).