UK Property Law
Get UK Property Law Questions Answered by Experts
Is the tenant occupying the property under an assured shorthold tenancy?
Right, it's not good news.
If you only gave four weeks notice then this is not a legal notice for the purposes of the Housing Act legislation and no Court will grant an order for possession on the basis of that notice, which is what you would need in order to effect an eviction by the Court bailffs.
You need to serve a s21 Housing Act 1988 notice giving the tenant two months notice with that notice expiring at the end of a rent period. Google "s21 notice template" and a list of document providers will be produced. Download one, re-serve it giving the appropriate notice.
Once it has expired you can then apply for an order from the Court for possession, if you had a writen tenancy agreement then you can use the accelerated possession procudure so that you will not have to attend Court. If the tenant does not leave after that then you will have to apply for a warrantfor execution so that the Court bailiffs effect eviction.
Did you take a deposit and, if so, did you place it in a tenancy deposit scheme?
Right. THe tenant can sue you for the return of the deposit and a fine payable by you to him of three times the deposit amount. The Courts are very strict about this and will give judgement in favour of the tenant.
You do not want the tenant taking legal advice and becoming aware of their rights. Be as nice about dealing with the tenant as you can, perhaps you will get lucky and he'll leave without taking advice.
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