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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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Is wanting to move back into your property before the end of

Resolved Question:

Is wanting to move back into your property before the end of a fixed term tenancy agreemnt grounds to serve notice, even before the end of the agreement?
Submitted: 1 year ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi,

Did you make the tenant aware before they signed the tenancy that you may wish to move back in to the property during the fixed term?

Tom
Customer: replied 1 year ago.


No I did not - I must admit that I always just presumed you could take back your property if you needed it

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

I’m afraid that in these circumstance you would not be able to serve a s8 notice to obtain possession before the end of the fixed term.

There is a ground that you could have used to serve a notice under s8 Housing Act 1988 if you had served a notice on the tenant before they signed the tenancy agreement that you may require possession before the end of the fixed term, but if you did not do this then you cannot now rely on the ground to get possession.

The ground you would have used would have been s8 ground 1 of the Housing Act 1988. There is technically an ability for the court to dispense with the service of notice prior to the tenancy being execute but it is almost never actually dispensed with.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6522
Experience: BA (Hons), PgDip, Practising Solicitor
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