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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69774
Experience:  Over 5 years in practice
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I have received a notice requiring possession asking me to

Customer Question

I have received a notice requiring possession asking me to leave the property that I have rented for 2 years and a half in London W4 by 14/06/2014. I have never missed any payment of the rent. I was told that the landlord wants to move back in the house. It is mentioned at the end of the notice that if the tenant does not leave the dwelling, the landlord must get an order for possession from the court before the tenant can lawfully be evicted.
2 months will be a short time to find a suitable new accommodation. I need advice regarding what I can do if we have not been able to move before 14/06/14.
Thank you in anticipation for any help in this matter.
Roger Le Fur
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How can I help with this please?
Customer: replied 2 years ago.

What must I do if technically we cannot move out before 14/06/14 ?

Expert:  Jo C. replied 2 years ago.

What type of contract are you on?
Customer: replied 2 years ago.

It is an assured shorthold tenancy

Expert:  Jo C. replied 2 years ago.
Thanks.

When should that end?
Customer: replied 2 years ago.

It started on 15/10/2011 and was for one year. I has been continued after one year without modification to the contract.


It is written in the contract: before, during or after the term of this tenancy the landlord may give notice to the tenant that the landlord will apply to the court to re-gain possession of the premises in accordance with the grounds set out in schedule 2 of the housing act 1988 (as amended) being grounds 1 & 2.

Expert:  Jo C. replied 2 years ago.
Thanks.

You are on a periodic tenancy agreement. Your AST has expired now and the agreement has flipped over into a periodic.

That does not really change the notice periods of course. It just means that the landlord can get back into the property using a S21 notice for any reason he likes.

He does have to give you notice of two months to run from the term dates. I don't know when this notice was served upon you but it would need to have been served on or before the 14 April 2014 to be valid.

If it is valid though then he can rely upon it.

You do not have grounds to resist on the basis of your circumstances.

However, if you do not go then the landlord will need to seek a possession order to evict you from the courts and that can lead to a delay. You will be liable for rent in the meantime and costs of going to court although they are not great.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

So if they have to go to court, how long time roughly can be gained after 14/06 before being legally evicted ?

Expert:  Jo C. replied 2 years ago.
It depends on listings in the area but usually it can be done in one month to two.
Jo C., Barrister
Category: Law
Satisfied Customers: 69774
Experience: Over 5 years in practice
Jo C. and 3 other Law Specialists are ready to help you
Expert:  Jo C. replied 2 years ago.


Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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