How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jenny Your Own Question
Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6339
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
32019188
Type Your Law Question Here...
Jenny is online now

I have a tenant that is due to move out on 21st June .his agreement

Customer Question

I have a tenant that is due to move out on 21st June .his agreement will have finished and I have given him 2 months notice.i have arranged for a builder to start work on the 22nd taking out the bathroom as it has porus tiles on the walls that need replacing.
I also have new tenants who want to move in a week later when the work is finished.
The current tenant has withheld his last months rent and now threatens not to move out.if he doesn't can I still go in with my builder for him to start work he tells me that he can stay as long as he wants and I can't get him out.
.thank you *****
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. What kind of tenancy arrangement is it? Is it an Assured Shorthold Tenancy?
Customer: replied 2 years ago.
Yes it's an assured short hold tenancy.
Expert:  Jenny replied 2 years ago.
Why is he refusing to leave? Is it just one month's rent he is behind on?
Customer: replied 2 years ago.
He's only one months rent behind. He's brought his wife over from where ever he comes from without telling me she's living there .hes been there for 3 years 6 months .i renew the agreement each year except this one was for only 6 months because I need to get the bathroom done.
He's just arrogant , I don't know why he's threatening me .he might still move out on Sunday .but I need to know if I can go in with the builder to start work.
My tenant says " I know all about the law and you can't get me out "
Expert:  Jenny replied 2 years ago.
Under property law you cannot get him out without a court order for possession.
If you have a written Assured Shorthold Tenancy and you have given correct notice (which seems to be the case if you have given 2 months) then you can apply for an accelerated possession order, which is given 14 days after the date he should have left. Full details of the procedure and the forms you will need to use can be found on the following website
https://www.gov.uk/gaining-possession-of-a-privately-rented-property-let-on-an-assured-shorthold-tenancy
This causes you a problem in that you cannot legally get possession for the builder or the new tenant without following this procedure.
You should tell him that if he does not leave in accordance with your notice you will apply for a court order and to recover your losses as a result of his breach, i.e. the court fee and your losses for not being able to proceed immediately with the work.
I do hope that he does not mess you around and decides to leave on the due date.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Jenny and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Actually the question was if tenant doesn't move out when he should can I go in with builder to start work
Expert:  Jenny replied 2 years ago.
Hi you cannot evict him without a court order but you can obtain access to do the building work providing he can remain in the property.
You need to tell him that this is your intention before the builder turns up.