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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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I am coming to the end of my army career on 1st Aug and so

Resolved Question:

I am coming to the end of my army career on 1st Aug and so I am required to hand back my military house at the beginning of July. My tenants AST expires on 14 Oct 2013 however I need to take back possession of my house in May otherwise will be homeless. What grounds for a Section 8 can I use for possession.
Submitted: 1 year ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.


The most common is if the tenant has not paid their rent for two months, then you can serve a s8 ground 8 notice. 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 yourself 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 earlier than the expiry of the fixed term.

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 that they have a legal right to occupy the property for the remaining fixed term so they may seek a fee as inducement.

I wouldn’t volunteer any information about the tenant’s rights to them though, just because they might not know their rights..

Sorry it could not be better news.

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Kind regards,


Tom
Customer: replied 1 year ago.

Hi Tom,


 


There has never been a problem with rent arrears so I cannot use that ground. I did not serve them notice before the tenancy either.


 


Are you telling me then that even though I have to hand back my army house and will have nowhere to live i cannot give two months notice to the tenant.


 


alfie

Expert:  Thomas replied 1 year ago.
Hi Alfie,

Unless they clock up arrears to the tune of two months then I'm afraid so. If you did not serve them a notice advising that you may require the property back before the end of the fixed term to live in yourself then, frankly, you are stuck.


Sorry to say, but they have rights if the fixed term has not expired. Once once the fixed term has expired can you get possession back provided that you serve the requisite s21 notice.

Perhaps you can negotiate for them to leave early voluntarily..

I have to leave the office now, I will be abel to answer any follow-ups you have in about half an hour or so.

Please remember to rate my answer.

Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6399
Experience: BA (Hons), PgDip, Practising Solicitor
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