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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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hi, I have a property which now I have to sell, I have a tenant

Resolved Question:

hi, I have a property which now I have to sell, I have a tenant in there for 7 years, he has never had a contract if ask him to vacate the property has he any comebacks on me?
thanks pete
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hello, thank you for your question. My name is XXXXX XXXXX I can assist you with your question.

tdlawyer :

Was the initially on an assured short hold tenancy?

Customer:

yes, 7 to 8 years ago

tdlawyer :

Okay. Then you need a court order to be able to require her to leave the premises.

tdlawyer :

To get that, you would need to serve a notice under the Housing Act 1988. You would need to serve a s.21 notice. If the tenant is in breach of some terms of the tenancy (e.g. rent arrears) you could also serve a s.8 notice too.

tdlawyer :

However, s.21 notices are best as there is no defence to them, and the tenant has to leave.

tdlawyer :

The s.21 notice requires 2 months notice to be given. You can find useful information on s.21 notices here: https://www.gov.uk/gaining-possession-of-a-privately-rented-property-let-on-an-assured-shorthold-tenancy

Customer:

ok,so even with no contract for so long I still have to get a court order?

tdlawyer :

Yes, every time, you cannot avoid a court order.

tdlawyer :

If you try to remove her by changing locks or anything else without a court order, you will commit a criminal offence and find yourself arrested most likely.

tdlawyer :

Also, the compensation payable in a civil action from doing this is not worth thinking about - it's potentially massive.

tdlawyer :

Court is the ONLY way.

Customer:

ok thanks

tdlawyer :

If you serve the notice though, there is no defence, and then you should be able to get a court order within about 4 weeks from issuing the claim, it happens pretty quickly. Once you issue though, most tenants vacate at that point, and seek alternative homing form the council if they have to.

tdlawyer :

It's just the council will not home until they have to - which is when court proceedings are started.

Customer:

sorry think you did say but how do I optain a court

Customer:

that meant order?

tdlawyer :

You obtain a court order by first serving the notice, then when that expires, you commence proceedings in the local county court.

tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
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