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fifilovestrixy

12 month AST, when can get possession under s21

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It's a familiar story.. they seemed like good tenants.. until the the letters of complaint started coming in (not to mention the 3am phone call from my neighbour who has temporarily relocated to her Mum's because of the noise and scary antics of the tenants...).

I thought about serving them with a s8 for all sorts of breach of the tenancy, but that will take time, and the neighbours are scared of retaliation (apparently my tenants know some unsavory people).

I have assured the neighbours that I will get the tenants out as soon as I can, so my question is this:



  • I think I can serve the s21 now (even if I have to wait until the end of the agreed tenancy to enforce it) - can I do this myself, or is it worth paying someone who knows what they are doing to serve it?

    Just to clarify, my deposit is in a scheme, so I know the s21 route is available to me.

    Thanks in advance.

    Fi

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You can serve the S21 now but make sure it's correct and properly served. Post it at the address yourself, with a witness. However, have you tried talking to the tenants for their side of the story. Don't just take someone else's word for it. If you go the S8 route to evict, the court will place the burden of proof on you. Try speaking to your council to see what procedures they have in place regarding noise and nuisnace neighbours etc. Neighbours of tenants will sometimes complain for all sorts of reasons that aren't necessarily accurate or a problem; your problem is obtaining evidence. If neighbours have a prob with noise the council won't get involved without evidence but should also advise about mediation services available locally. Whatever happens, don't be intimidated.

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Thanks GPEL, but the complaints have come from various sources and I've witnessed some of the problems first hand on two occasions.

I'm not going down the s8 route (unless things get any worse), but want to make sure that I can get them out as soon as it is legal to do so.

My question, therefore, still stands: Can I get them out using s21 after 6 months if they have an AST for 12 months, or do I have to wait the full 12 months?

Cheers

Fi

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As mentioned, you can serve it now but cannot get property back with it until end of fixed period, so needs to be correctly dated and the right variant.

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