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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 gave tenants 2 months notice to vacate a property that I

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I gave tenants 2 months notice to vacate a property that I own for 31st July 2014. Their response was that it would be difficult to find somewhere to suit their needs by that date but hoped to be out by mid August. They were not. When I last spoke to them their revised date was mid September.
If they are not out by then would it be appropriate to begin court action to get possession of my property?
How should I go about this?
How much is such action likely to cost me?
Does the fact that the tenants have a young child make it more difficult for me to get possession?
The rent has been paid on time but the garden has not been maintained and neighbours have complained to me about noise.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What type of agreement is this please?
Customer: replied 2 years ago.

It is an assured shorthold tenancy.

Interestingly while I was waiting for your response a local housing association approached me by telephone for a reference. The tenant in question is going to be offered a new build property shortly.

I would still like your advice in case there is a significant hold up.

Expert:  Jo C. replied 2 years ago.
Thanks
What are the dates of the AST please? When should it end?
Customer: replied 2 years ago.

The initial AST was from 1st December 2013 to 31st May 2014. I then renewed the tenancy stating that I would renew the contract using the same agreement and would give at least 2 months notice if I wished to end the agreement. This agreement was dated 24th April 2014.

Expert:  Jo C. replied 2 years ago.
When was that contract due to end?
Customer: replied 2 years ago.

Sorry I have muddled up my tenancy terminology. The renewed agreement was a periodic tenancy.

Expert:  Jo C. replied 2 years ago.
Yes, I guessed.
What was the date of your notice please?
Customer: replied 2 years ago.

I gave notice to the tenants on 27th May 2014 to vacate the premises by 31st July 2014.

Expert:  Jo C. replied 2 years ago.
Ok., Thanks.
And I presume the rent date is the 31st or 30 th?
Customer: replied 2 years ago.

The rent date was-:"on or before the first of each month". I has arrived on the previous day and has not been a problem.

Expert:  Jo C. replied 2 years ago.
OK.
You are on a periodic tenancy agreement so you can give notice at any time.
Your notice is perfect with the correct dates relevant to the rental and beginning and end terms.
Her circumstances are not your problem. Contrary to her apparent belief, her child care arrangements are actually not your responsibility. Its for her to arrange suitable accommodation for her and her children not you.
If she refuses to go though, you will have to apply for possession. Its not expensive to do that. She will be liable for your costs anyway. The real problem is mild delay but if you are relying on a S21 notice then you can apply for an accelerated possession order.
There is a provision to allow for her to apply for postponement for exceptional circumstances but this is not an exceptional circumstance. An exceptional circumstance would be somebody who had lived in a house all their life being on their death bed. These are just the vicissitudes of life which she should have managed.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69774
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you so much for your patience. I have let property for about 20 years and never hit a problem before so was a caught off balance by this one. I am reassured by your advice, and will move forward with more confidence if necessary.

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.

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