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How do I end a tenancy / evict a tenant?


MarkJ

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Hi

I have had a tenant in my property for around 6 years. I now want to sell the property so need to evict them.

The issue is that the last  AST that they signed expired a while ago. They are also a month behind on the rent, although I do have their deposit in the DPS.

How do I end the tenancy and evict them?

Thanks in advance for any guidance.

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The short answer is to issue a section 21 notice.

I would talk to them first, either face to face or by telephone & try to find out what the problem is with the rent. Then attach the s21 to a short letter explaining the situation.

With luck and a following wind they will go. If you are unlucky they won't and you'll need to take further action.

There are firms around who will arrange everything for you if that's what you want.

Presumably you have rent guarantee insurance or a guarantor from whom you can claim any unpaid rent.

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How much notice do I give on the S21?

Does the fact that they haven't got a current AST make any difference?

Can I give them a 'rolling notice'? eg We're selling the house and once contracts are signed you have X weeks notice?'

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Notice = 2 months

If you mean the fixed term of the current AST has ended then the tenancy has automatically become a Statutory Periodic Tenancy, an SPT. You can't end a tenancy in its fixed term but you can if it's become an SPT.

Rolling notice = definitely not. There are very specific rules regarding ending a tenancy. You must comply with them.

I wouldnt recommend you exchange contracts before the tenants are out. It can take many months.

If you use a lettings agency then they may deal with the s21 for you.

 

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Hi, the notice period is 2 months however the actual expiry date on the notice depends on the tenancy start date. 

My firm offers tenancy services such as this so if you want some more information about issuing a Section 21 notice to your tenant please feel free to message me and ill be happy to help. 

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Because of the confusion with the new S21 requirements which vary depending when the last tenancy was signed we have a 2 stage approach to serving a s21.

1. Send to the tenant with proof of postage. EPC, Gas cert, PI, latest "how to rent guide" and S48.

2. Next day serve the S21 as normal.

I must admit the reason behind this is mainly because we have taken over a portfolio of properties from another agent and some of the paperwork was questionable but it also gives peace of mind knowing all my ducks are in a row if it went to court. It only takes one tricky tenant to state they didn't ever receive a certain document to put the onus on the landlord/me to prove otherwise.

Another forest gone.

 

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