Thomas the contract was for 6 months 3 years ago does this change anything?
Hi, Thanks for requesting me. The original fixed term of the tenancy agreement expired about 2.5 years ago and you have not issued the tenants with a further tenancy agreement. Is this correct?Tom
HiThanks for your reply. Yes, in that case it makes all the difference! Because the fixed term of the tenancy agreement has expired it has now become a statutory periodic tenancy. This means that you can give the tenant two months’ notice in the correct form. .The notice period is two months with such notice to expire at the end of a rent period. It is very important that you use the correct dates and have the notice in the correct form. Here is a link to a good website explaining about the notice you must serve. Please see the passage on page 4 titled PERIODIC TENANCIES because this is what the tenancy is now:-http://www.landlordzone.co.uk/pdf/servingS21.pdfHere is a link to a s21 Notice in respect of the above, with bracketed notes to ensure that you complete it as a s21(1)(b) Housing Act 1988 Notice.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. Because the tenancy has expired provided you follow what the above links say you will easily be able to get possession because this form of notice is much less controversial than the others.Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question. If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”. Kind regards,Tom
BA (Hons), PgDip, Practising Solicitor
Please note my answers have assumed the tenancy that we are talking about is a residential tenancy and not a commercial lease.Tom
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