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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Two years ago my tenent was made redundant and stop making

Resolved Question:

Two years ago my tenent was made redundant and stop making his payments.
I tried to finish the contract but the tenant apply for House Benefit Allowance
Currently The Council is paying the rent for my tenant.
The letting contrant period is finished (I have not given any notice)
I want to sell the property ASAP.
Is my aim to sell the flat a valid reason to terminate the contract?
What steps should I take to finish this contract?
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
The fact that you wish to sell the property is not in itself a reason which gives you a right to terminate on less than the usual two months notice.

Because the fixed term of the tenancy agreement has expired it has now become a statutory periodic tenancy. This means that you must give the tenancy two months notice in the correct form:-
http://www.letlink.co.uk/letting-factsheets/factsheets/factsheet-21-section-21-notice-requiring-possession-of-an-assured-shorthold-tenancy.html

You will have to download from an internet provider a Section 21(4)(a) Housing Act 1988 notice. The notice period is two months with such notice to expire at the end of a rent period. Serve the notice in accordance with the notice on this page:-
www.landlordzone.co.uk/pdf/servingS21.pdf

It’s very important that the notice is in the correct from and that you serve it properly. The court will reject your application for possession if you fail on either front.

Once served and the notice period has expired you will have to apply to court for a possession order. You cannot evict her without a Court Order. The easiest way is online:-
https://www.possessionclaim.gov.uk/pcol/

If the tenant does not leave when the notice expires then you will have to apply to Court for a warrant for execution so that the Court bailiffs effect eviction.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6516
Experience: BA (Hons), PgDip, Practising Solicitor
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