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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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what notice to serve to end/evict tenants during fixed term

Customer Question

what notice to serve to end/evict tenants during fixed term assured tenancy if i require possession of property?
Submitted: 1 year ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi,

Are the tenants in arrears with their rent? If so, please state how much?

Have they persistently paid rent late?

What terms of the tenancy agreement have the breached?

Tom
Customer: replied 1 year ago.

They have not breached any grounds, but would like to leave but require a notice to show to the council

Expert:  Thomas replied 1 year ago.
Hi,

When does the fixed term expire?

Tom
Customer: replied 1 year ago.

October 2013, they moved in October 2012 a one year agreement

Expert:  Thomas replied 1 year ago.
Hi,

Do they need the notice so that they can get housing help from the council?

Tom
Customer: replied 1 year ago.

Yes, thats why they want me to serve them a notice so they can show the council


 

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

The problem is that tenant can only be evicted during the fixed term of the tenancy under s8 Housing Act. There are very specified grounds for this:-
http://www.landlordzone.co.uk/grounds_for_possession.htm

The most common is if the tenant has not paid their rent for two months, then you can serve a s8 ground 8. There are more particular grounds, but this and possession on the basis of persistent late payment of rent or causing disrepair are the most common.

If you served them with a notice before they signed the tenancy that you may require the tenancy back so that you can live in it yousself then you could serve a s8 notice under ground 1, but if you did not give them this notice before you moved in then you cannot do this.

If these don’t apply then there is no legal notice that you could serve them to evict them. If you attempted to serve a bluff notice then the council would call it what it is and tell the tenants to stay there.

If you all wished to bring the tenancy to an end then you could execute a surrender of tenancy in which you state that it is surrendered (ie. terminated) and that neither owes anything to the other, but the problem here is if they are seeking rehousing from the council then they may say that they cannot help them if they have willingly let themselves become homeless.

Perhaps the only option is to wait until they have clocked up rent arrears and then serve the above notice. The links on the above site provide you with the notice and notes on serving.

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.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6518
Experience: BA (Hons), PgDip, Practising Solicitor
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