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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7581
Experience:  BA (Hons), PgDip, Practising Solicitor
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I gave my tenant 2 months to leave but she has told me the

Resolved Question:

I gave my tenant 2 months to leave but she has told me the council has told her not to move please can someone advise me
Submitted: 5 years ago.
Category: UK Property Law
Expert:  Thomas replied 5 years ago.

Hi,

 

Thanks for your question.


What is the fixed term of the tenancy agreement please?

 

Kind regards,



Tom

Customer: replied 5 years ago.

She moved in on the 23 Oct 2010 and I gave her notice written notice of which she signed and I have the copy on the 23rd of August 2011

Expert:  Thomas replied 5 years ago.

Do you have a written tenancy agreement?

 

If so what was the start date and what was the end date in this agreement?


Tom

Customer: replied 5 years ago.
Yes 23 Oct 2010 and it expires on 22 Oct 2011
Expert:  Thomas replied 5 years ago.

Ok.

When does the notice require the tenant to leave?


Kind regards,



Tom

Customer: replied 5 years ago.
2 months notice
Expert:  Thomas replied 5 years ago.
Yes, but on what date according to the two months notice you have served is the tenant to leave the property?

Tom
Customer: replied 5 years ago.
on the 22 oct 2011
Expert:  Thomas replied 5 years ago.
Ok.

Did you give the tenant the notice on 23rd august?

Tom
Customer: replied 5 years ago.
yes
Expert:  Thomas replied 5 years ago.
Did you post the notice on the 23rd or did you physically hand the notice to the tenant on 23rd?

Tom
Customer: replied 5 years ago.
I gave it to her personally and she signed it.
Expert:  Thomas replied 5 years ago.

Hi,

 

Thanks for your reply.


In order to evict a tenant on a tenancy agreement you need to get an order for possession from County Court. In order to get an order for possession a valid notice must first have been served.


For the notice to be valid to get your tenant to leave the property on the expiry of the fixed term (22nd October) you must have served a s21(1)(b) notice addressed to the person stating that possession is require and it must give a clear two months notice. This would mean that the notice period must be from 22nd August to 22nd October. As you have given the notice to the tenant on 23rd August this is not a full two months notice so a Court would throw out your application for an order for possession.

This means that you must now re-serve a new s21 notice and wait until it expires then apply for an order for possession.If you apply using the accelerated possession procedure once the new notice has expired then it would be around 3-4 weeks until you get an order for possession. Once you have this you can apply for a warrant of execution from the Court so that the court bailiffs effect the eviction.

 

I would advise you to get a solicitor to prepare and serve the notice on the tenant this time to be certain that it will be held to be valid.

 

Sorry it could not be better news.

 

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Kind regards,


Tom

Expert:  Thomas replied 5 years ago.

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Tom

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