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notice possession help plz


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Read through this helpful forum! There has recently been plenty of advice on repossession.

Assuming under English law.... Assuming you want termination on or after end of fixed term of agreement....

Before you do anything, look up and carefully read the details (on this site) of both Section 8 and Section 21 Notices under Housing Act to obtain a Court Order for repossession, needed if tenant doesn't decide to vacate in meantime. You probably need a section 21 if there are no specific grounds (e.g. rent is not 2 months overdue).

You could then write a clear and simple letter to your tenant stating that you wish him/her to terminate and are taking legal advice on how to give 2 months notice of repossession using Section 21 notice. Ensure that it's received and keep a copy. See what happens.

If the tenant accepts and offers you a date to depart, you may be home and dry.

If not, you should consult an experienced solicitor on how to serve the correct notice, as any error (e.g. incorrect dates in relation to agreement) could delay the Court Order in favour of the tenant or even require a repeat procedure with a further two months notice.

Experienced landlords on this site are recommending use of professionals for repossession. It's probably cheaper in the long run.

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Pards......To answer your question,

As I said, termination can be on or after the end of the initial fixed term of the agreement. Hence notice can be given two months (or more) before end of fixed term. Beyond that I think the two months notice has to be dated correctly to two months before monthly anniversaries after end of fixed term, but you should consult a solicitor because it is too easy to get these various dates wrong......

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Hi Pards,

Firstly, what do you want to serve notice on them for?

1. If they have breached the terms of the tenancy agreement you may want to kick them out asp. In this case you need a serve a "Notice seeking possession of a property ...... under the Housing Act 1988 Section 8" (called a section 8 notice). This is a specific form that must be correctly completed or it will get thrown out in court.

2. If the tenancy has come to an end (or will do in the next few months and you want them out at the end) you can serve a Section 21 notice. You use this if the tenants are not at fault but you want the property back. This is a simpler form but, as Chestnut says, the timing of this must be spot on or, again, the courts disregard it.

It is always worth trying a formally worded letter stating what you want, with dates to be out by, etc. You should always do this first as the County Courts around me want to see that the landlord has made an attempt to rectify the situation before going to law. It strengthens your case should it go to court and the tenants sometimes leave as a result of this. However, I should note that most tenants are now aware of their "Rights" and can play the system fully to their advantage.

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