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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
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Could I be kicked out if i asked? landlord will not move

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Could I be kicked out if i asked?

landlord will not move his stuff out our garage, garage was advertised as part of the house and we are unable to use it to its full use. Our first 6month tenancy is up next month and it was advertised as a long term let so we intend on staying here a long time.
i dont want him to kick us out and find new tenants just because we want what should be ours.

Has the landlord served a s21 Housing Act notice giving you two months notice to get possession of the property at the end of the fixed term?

Customer: replied 4 years ago.
no he hasnt.

Thanks for your question.

The landlord must serve you a valid s21 notice giving you two months notice in order to evict you either at the end of the term or thereafter once the tenancy has become a month to month statutory periodic tenancy.

If the landlord has not served you this notice then he cannot evict you at the end of the fixed term, simple as that. He must serve the notice, wait the two months for it to expire and thereafter apply for an order for possession from Court to evict you (which can take a further month after the expiry of the notice).

So, it is a while until he can evict you. The issue with the his things is that you can attempt to negotiate a new tenancy, either having the removal of the items as a pre-requisite or attempt to agree a slightly lower rent. The difficulty is that your bargaining position is not great because if he doesn't offer terms you can accept then he will serve the s21 as above.

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Kind regards,

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