Is the lease contracted out of the 1954 Landlord & Tenant Act?
When did the lease expired?
Why do you want the tenant out?
If you would let us have the background detail, it would be helpful.
Thank you for the extra information.
When did you buy the property?
Have you had the new rent proposed by a valuer?
If you get him out, do you intend to relet the property?
We can’t take this any further until you find out whether the lease is contracted out of the Landlord & Tenant Act 1954. If it is out of that act you can terminate the lease on the notice specified in the lease.
If it is contracted in to the Act there is no mention of that, then the tenant has a statutory right to renew the lease on the same terms as the old lease but at the market rent. You are going to have to get a valuer to set the market rent and then if the Tenant does have the right to a new lease because the lease is contracted in to the Act, then the Tenant is going to have to take this to the tribunal to have the rent set.
That’s fine. Come back to be when you have that information.
If he does not have any statutory right to renew because the lease is contracted out of the 1954 act you can give him notice to quit. If he has not paid rent and there is provision in the lease whereby if he is 14 days late, you can peacefully re-enter the property, then you can simply do that without notice by letting yourself into the property and locking him out or changing the locks. You do have to give him all his possessions back and you cannot keep any of those even if he owes rent. If he owes rent, you have to sue him separately for that..
However, cutting through all that, if you have a solicitor who knows the lease and what’s in it, then you are entitled to rely on that advice but do get it in writing from the solicitor.