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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2739
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have a property where an ex boyfriend is down as the landlord.

Customer Question

I have a property where an ex boyfriend is down as the landlord. The tenancy has expired and I want to evict my tenant but he will not cooperate. How do I remove him.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
Please confirm what tenancy is currently in place and what the term is.
If it is an assured shorthold tenancy, you will need to serve the tenant with a Section 21 notice giving them 2 months to leave the property. You can check this sheet to make sure that your Section 21 Notice is valid: https://england.shelter.org.uk/__data/assets/pdf_file/0009/386451/Is_your_section_21_notice_valid_Jan2014.pdf
If the tenant does not leave on expiry of the notice, and if there are no rent arrears to claim from the tenant you will be able to pursue a court application under the accelerated route here: https://www.gov.uk/accelerated-possession-eviction
Please let me know if you have any further questions regarding this.
Customer: replied 1 year ago.
Hi,
It is an AST which expired 1st December 2015
How can I serve a section 21 if I am not the landlord?There was a section 21 issued and this was sent to courts and as the ex boyfriend would not cooperate and HE is the landlord he as cancelled the eviction.
Thank you
Expert:  Harris replied 1 year ago.
Oh I see, apologies for the confusion. Why is your ex-boyfriend the landlord and does he have a legal right to rent the property out?
Customer: replied 1 year ago.
Because I was renting to my sister and he was dealing with all the paperwork etc and we were a couple - he has NO legal rights at all apart from being named and signing on the tenancy (expired 01/12/15)
Expert:  Harris replied 1 year ago.
Thanks - are you on the title as the sole owner and is there a mortgage in place? If there is a mortgage was the mortgage provider informed of the letting of the property?
Customer: replied 1 year ago.
I own 50% share the other 50% is housing association. The Mortgage company knows and say it is ok as they have a clause as long as I am not making a profit and as I don't I assume OK - Housing association do not know.I am no longer receiving any rent.
Expert:  Harris replied 1 year ago.
Is he named as the sole landlord on the tenancy?
Harris and other Law Specialists are ready to help you
Customer: replied 1 year ago.
yes
Customer: replied 1 year ago.
I accepted the offer? I have never used this service - am I mistaken in what I need to do next?
What was the £57 for?
Expert:  Harris replied 1 year ago.
Thanks for the further information - in the circumstances, as your ex-partner was technically acting as your agent by dealing with the documents on your behalf you would be considered the landlord and would need to initially issued the tenants with a Section 48 notice informing them that you are the legal landlord, followed by a new Section 21 notice to start the eviction process.
Customer: replied 1 year ago.
Is it possible to issue a new section 21 given that the tenancy is expired?
No deposit was taken BUT the initial section 21 was issued from original solicitor and she said it was fine?
Expert:  Harris replied 1 year ago.
The tenants need to be informed that you are in fact the legal landlord and this needs to be done first so that they do not correspond with your ex-boyfriend. A new Section 21 notice can then be issued.
Customer: replied 1 year ago.
ok - thanks
I wasn't aware a new one can be issued if there is no 'in date' tenancy....
Expert:  Harris replied 1 year ago.
Given the the tenancy agreement period has ended the tenants are now on a statutory periodic tenancy, which is basically a rolling monthly tenancy by law
Customer: replied 1 year ago.
Ok so as soon as the section 48 is issued I can issue another section 21?
Expert:  Harris replied 1 year ago.
Yes