jan1 Posted September 16, 2012 Report Share Posted September 16, 2012 hi everyone, this one is not for me. if a friend of mine has let someone on benefits live in a house but their is no contract and they now want her to leave how do they go about it? can they serve s21 or is their something different they have to do. thank you for any replies. jan1 Link to comment Share on other sites More sharing options...
LLAW96 Posted September 16, 2012 Report Share Posted September 16, 2012 how long have they been in occupation? even without a contract its a minimum term of 6 months. Link to comment Share on other sites More sharing options...
jan1 Posted September 17, 2012 Author Report Share Posted September 17, 2012 hi law, she's been in his house for over a year now but he has now put it up for sale and wants her out. can he still serve s21 ? if so which one thank you for your reply. Link to comment Share on other sites More sharing options...
LLAW96 Posted September 17, 2012 Report Share Posted September 17, 2012 Yes they can serve notice, they would have to serve under s.21(4)(a). The sticking point here will be that there will have to be a court hearing as you cannot use the accelerated procedure (claim on the papers) where there is not written agreement. So you would have to serve the notice (2-3 months wait) then issue the claim on expiry (4-6 weeks wait) attend the court hearing and convince a judge to make an order for possession on the earliest date (usually 14 days) then apply for a warrant of eviction (county court bailiff 3 to 6 weeks, high court sheriff 7-10 Link to comment Share on other sites More sharing options...
LLAW96 Posted September 17, 2012 Report Share Posted September 17, 2012 7-10 days) Link to comment Share on other sites More sharing options...
jan1 Posted September 17, 2012 Author Report Share Posted September 17, 2012 well thank you law, i will tell him all this, he will be kicking himself when he finds out what he has to do. Link to comment Share on other sites More sharing options...
Mortitia Posted September 17, 2012 Report Share Posted September 17, 2012 Better than kicking the tenant! Mortitia Link to comment Share on other sites More sharing options...
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