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Vincent2013
Vincent2013, JustAnswer Expert
Category: Law
Satisfied Customers: 213
Experience:  Qualified solicitor and barrister (non-practising) with 7+ years experience
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I have been renting out my house since mibble of june 2013.

Customer Question

I have been renting out my house since mibble of june 2013. No contract or deposit paid as they would struggle. Me and my 2 sons now want to move back into the property. I have given them Tenant's 2 mths notice but they are refusing to accept it and refuding to leave.
Submitted: 3 years ago.
Category: Law
Expert:  Vincent2013 replied 3 years ago.

Vincent2013 :

Hi, thanks for your question. My name's XXXXX XXXXX I'm going to assist you with it.

Vincent2013 :

I just have a couple of initial questions. Did you agree any fixed period for their rental of your property? If so, what was this? Also, when do they pay their rent (weekly, monthly and on what date)?

JACUSTOMER-edmd7edj- :

FOR VINCENT2013 hi

Vincent2013 :

Hello there. Did you see my questions above?

JACUSTOMER-edmd7edj- :

Yes thank you. they pay monthly on 29th of each mth. We talked about a yr or them renting it until I needed the house back. But they wouldnt sign a contract. . They talked about trust My wife died suddenly dec 27 at 41 so me and boys left immediately I was going to buy another property but found that impossible as a single parent. My sons snd I are sharing with a friend who now wants his house back

JACUSTOMER-edmd7edj- :

The tenants moved in on June 19th

Vincent2013 :

It will very much depend on what was agreed. Broadly, the situation is that an oral agreement is just as binding as a written one (so long as all the requisite elements of a contract were there and both parties had capacity to enter into it). If no fixed term was agreed, it is likely to be a periodic monthly tenancy. It is also likely to be an assured shorthold tenancy. This will generally be the case if a tenant pays less than £100k per year in rent, rents from a private landlord, has privacy in the property and moved in after 28th February 1997.

Vincent2013 :

What has the tenant said with regard to your request to have him move out and what form of notice did you serve (was it written and did you use a prescribed form such as s.21 notice)?

Vincent2013 :

The reason for asking this is due to the fact that the absence of a written tenancy agreement will not affect either the tenant’s (or the landlord's) statutory legal rights. Both parties are still protected by statutory law. This means that the landlord's requirement to serve an effective notice (in the correct form) and the tenant's rights with regard to when a possession order can be enforced will still apply to your tenant if he has an assured shorthold tenancy (AST).

JACUSTOMER-edmd7edj- :

Hi I arrangedito visit the house last tue evening were I then informed them of my decision and gave them the reasons for my decision. I gave them just over 2mths notice asking them to vacate the property on or above 31st nov.

JACUSTOMER-edmd7edj- :

The responce was we dont have any money to move or to put down as a deposit, they informed me that they have no holidays left to move snd it was sn impossibility. They also enquired if they still had to pay the rent and I said of course.

Vincent2013 :

Understood. On the basis that a periodic tenancy is in place, a s.21 notice needs to be served (in writing). With a periodic tenancy you must serve 2 months notice and the written notice must be in the correct form to be effective. You must also ensure that the 2 months ends on a "rent date". This means that if it is agreed that they pay rent on 29th of the month, the notice should be at least 2 month long and expire on the 29th of the month (November in this case). Thus, the notice should be served no later than tomorrow (possibly by hand).

Vincent2013 :

You MUST use the correct form and there are plenty of websites available where you can build or obtain a template of a s.21 notice relating to a periodic tenancy. There is prescribed information that has to be included, so you must use the correct form.

JACUSTOMER-edmd7edj- :

When I issue the notice by hand willl I need one if the above forms ( s21)

Vincent2013 :

Absolutely, if this is, indeed, a "periodic tenancy", the notice you serve by hand must be in the correct form (i.e. a section 21 notice to terminate a periodic tenancy). There are many online providers that allow you to build one of these form or use a template (and some offer a free trial period so it will not cost you anything). Under the terms of this site I cannot recommend one but there are a number to choose from. If in doubt, you can always try to make a last minute appointment to see a solicitor.

Vincent2013 :

I should point out that there is a sting in the tail. Under the legislation, if you need to go to court to obtain posession (because they will not move out) possession orders under section 21 are not enforceable within the first six months of a tenancy. This is somewhat of an anomoly with periodic or short lets because there is no minimum period for a tenancy (i.e. it can be for 1 day) but a landlord cannot get his property back, via an order for possession, until after six months.

Vincent2013 :

You also cannot use the accelerated possession procedure as there is no written tenancy agreement.

Vincent2013 :

I should say that you don't necessarily need a possession order, I am just pointing this out on the basis that they do not move on, in accordance with your notice.

Vincent2013 :

Can I clarify anything for you?

JACUSTOMER-edmd7edj- :

No thanks vincent that all sounds great . I have just printed off the relevant form

JACUSTOMER-edmd7edj- :

Thanks for your help

Vincent2013 :

You're very welcome. Best wishes and, if I've been helpful, please do take a moment to rate my answer.

Expert:  Vincent2013 replied 3 years ago.

Hi Mick,

 

Apologies, I'm not sure if you had any issues with the chat interface (my screen froze).

 

Anyway, I just wanted to say, best wishes and, if I've been helpful, please do take a second to rate my answer.

 

Vincent

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