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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7626
Experience:  UK solicitor holding an England and Wales practising Certificate.
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whats the procedure to evict a tenant on a assured short hole

Customer Question

whats the procedure to evict a tenant on a assured short hole tenancy there at the end of there tenancy and don't want to renew
Submitted: 4 years ago.
Category: Property Law
Expert:  Thomas replied 4 years ago.
Hi

Thanks for your patience.

If you wish to evict a Tenant at the end of the fixed term of the tenancy then you must first serve a s21 Housing Act 1988 notice on them in the correct form and giving the correct. Basically, if the tenant pays their rent monthly then you must give them two months clear written notice with such notice to expire at the end of the fixed term.

You cannot evict them without this.

This website explains it very well:-
http://www.tenancyagreementservice.co.uk/section-21-notice-to-quit.htm
See, “Section 21 notices served during the fixed term of the tenancy” on the above website.

If you cannot give the notice with enough notice to expire before the end of the tenancy then you would have to serve a slightly different notice, please see “Section 21 notices served during a periodic tenancy” on the above link in this regard.

It’s vital that the notice is in the correct form and served validly. You should download the relevant notice from one of the online document providers, which will also have notices on how to validly serve the notice.

If the tenant does not vacate at the end of the notice then you will have to apply to Court for a possession order. It would be an illegal eviction if you evicted them without a court order, so they could sue you.

Once the possession order has been granted you can apply for a warrant for execution so that the court bailiffs effect the physical eviction of the tenant.






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Tom
Expert:  Thomas replied 4 years ago.
Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to RATE my answer, if you are satisfied.

I do not receive any credit for the time I have taken to answer your questins unless you RATE my answer.

Kind regards,


Tom
Expert:  Thomas replied 4 years ago.
Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to RATE my answer, if you are satisfied.

I do not receive any credit for the time I have taken to answer your questins unless you RATE my answer.

Kind regards,


Tom