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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70711
Experience:  Over 5 years in practice
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I have tenants who I have given notice to quit as I want to

Resolved Question:

I have tenants who I have given notice to quit as I want to move into the property. We are on amicable terms, but they seem to be having a problem finding something they are prepared to accept that will take their 3 dogs. They are due to to leave on 11th May, which is when their agreement ends, but I am worried that we will reach that date and they will still not have found anything and will not move out. This will mean I can't exchange contracts on the house I live in now and am selling, so will hold me up and our buyers and their buyer. What can I do?
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 contract is this please?
Customer: replied 2 years ago.

Short term tenancy. They have lived there for three years, but with a new one year agreement each year * Assured Shorthold Tenancy I should have said

Expert:  Jo C. replied 2 years ago.
Have you served a S21 notice already?
Customer: replied 2 years ago.

I don't know what that is. All I have done is given them written notice that we are unable to renew the tenancy this time and that it will therefore end on 11th May.

Expert:  Jo C. replied 2 years ago.
If they don't go then you will have to serve a proper S21 notice upon them which will require two months I'm afraid.
If they still do not go then you can seek a possession order but you can only do that when the notice period has expired.
If the AST is coming to an end then you can rely on S21 alone.
If it is not and you want to break an AST then you will need to serve a S8 notice citing ground 1 if indeed you do wish to return to the house.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Can my letter not be classed as an S21? They were given it in December 14, so way more notice than legally required. S8 not appropriate as rent paid. If I have to do an S21 in a different format, should I do that now just in case? At least that way it will expire at end of May.

Expert:  Jo C. replied 2 years ago.
It depends what was in it but almost certainly not.
There is an argument that a mere letter is sufficient not but usually they will find an excuse to make it void.
You can serve a S21 notice now but it can only expire two months from today.
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