agnesn Posted April 9, 2016 Report Share Posted April 9, 2016 hi grandpa yes it was a section 13 & no I did not put any letter in with it I just filled in the form as a newbie to all this I realise I should have taken legal advise I have probably made it worse for myself now in trying to evict as the tenancy was an assured shorthold tenancy for 36 months which had passed a year ago how thick am I Link to comment Share on other sites More sharing options...
Melboy Posted April 9, 2016 Report Share Posted April 9, 2016 No easy way of saying this but you have no chance of eviction under the circumstances that you are trying to evict your tenant. Your tenant has 2 years of an AST contract to run and the only way you would be able to evict them is through the Courts and you would would need a very good reason for doing so to convince any judge that your reasons are valid. You may get your tenant to leave by choice, which is unlikely, or you may have to pay them to leave. Link to comment Share on other sites More sharing options...
agnesn Posted April 9, 2016 Author Report Share Posted April 9, 2016 hi Melboy thankyou for answering but I am getting more confused as my tenant has an assured shorthold tenancy which was taken our on November 11th & it was for 36 months then I surely could have evicted as the tenancy was up does this change anything regards agnes Link to comment Share on other sites More sharing options...
Carryon Regardless Posted April 9, 2016 Report Share Posted April 9, 2016 gnes you are confusing the situation for us by running several threads. To reply on 1 existing thread makes the story easier to follow. As is often the case here extra facts become apparent that change the way we would answer. It may be there is still more for us to learn about your tenancy. A 36 month AST is legal but very unusual. You have stated it was taken out a year ago, and also started on November 11th. I feel confused, was this November 2015 or 2014 ? It may transpire that you have granted a licence to occupy if set up by your legal advisor?? My feeling is that you should take legal guidance to understand your situation better. We are attempting to help with something that we perhaps don't understand fully. Link to comment Share on other sites More sharing options...
agnesn Posted April 9, 2016 Author Report Share Posted April 9, 2016 hi sorry to have caused problems if its okay ill start again The lady moved in on 16th of November 2011 on a 36month assured shorthold tenancy Last month I gave her a section 13 assured periodical tenancy rent increase letter (which I thought was the right one ) Now I want to evict her. So my original question was can I Link to comment Share on other sites More sharing options...
Carryon Regardless Posted April 9, 2016 Report Share Posted April 9, 2016 I feel that you could serve a section 21 for repossession and be ok to go to court with it. But Grampa is more knowledgeable here so best for he with superior knowledge to comment. As I said earlier though there is nothing stopping you serving the S21 and waiting to see if there is response. You don't lose anything and assuming it is correctly served with no bars to its use you are on your way to repossession. I'm curious to know why you wish to hoof the T. Often it's better the devil you know in these situations. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.