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Nicola-mod
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Category: Property Law
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Experience:  Moderator
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I am letting my primary house for fixed term as we moved abroad.

Customer Question

I am letting my primary house for fixed term as we moved abroad. However, now I need to come back to london for health reasons and i need my house back before the end of the tenancy. How can I evict my tenant?
Submitted: 3 years ago.
Category: Property Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, thanks for your question.

tdlawyer :

My name is XXXXX XXXXX I can assist with this.

tdlawyer :

Yes, you can seek reposession of the property if you once lived in it as your principal home and you now need it back.

JACUSTOMER-6eojji87- :

ok .. thanks

JACUSTOMER-6eojji87- :

and on what basis and how can I do this?

tdlawyer :

Can you show there is some breach of agreement at this stage on the part of the tenant?

JACUSTOMER-6eojji87- :

no, not at all.. Only reason I want to evict them is I am pregnant and I have to give birth in UK and I need my house back for that

tdlawyer :

Okay. That's fine still. You need to give 2 months notice, under s.8 of the Housing Act 1996, and this is a mandatory ground for possession.

tdlawyer :

You may, however, be in breach of contract to your tenant by doing this, although if they can rent somewhere else for the same amount there will likely be no financial loss by you doing this.

tdlawyer :

Here is more information on this type of thing: http://www.landlordzone.co.uk/content/grounds-for-possession

JACUSTOMER-6eojji87- :

I am sorry, i am confused

tdlawyer :

This reason is a Ground 1 reason.

JACUSTOMER-6eojji87- :

so according to housing act i can seek repossession, what do you mean by breach of our contract?

JACUSTOMER-6eojji87- :

thats the whole question:)

JACUSTOMER-6eojji87- :

according to my contract I can only claim my property back by July1st of 2014

JACUSTOMER-6eojji87- :

but I need it by Feb 15,

JACUSTOMER-6eojji87- :

so , what I neeed to do is outside of our contract obvioulst

JACUSTOMER-6eojji87- :

and I am aware of the ground 1 but it says " given notice that you intend to return to your home".. there is no such clause on our conratct

tdlawyer :

You can get posession - under the 1996 Act that I mentioned. However, the contract you entered into says you shouldn't do this until the end of the term. If you do get it back before the end of the term you are in breach of the agreement. If this causes financial loss, then you are potentially subject to a claim for that. In reality though, it often the case that there is no financial loss, as they would have to move at the end of the term etc anyway.

tdlawyer :

I doubt you have anything to worry about in reality.

JACUSTOMER-6eojji87- :

doi need to do it through court or do i just send a notice myself?

tdlawyer :

You send notice yourself, but if they then refuse to move, you can issue court possession proceedings.

tdlawyer :

The link I gave you above tells you how to do that and what forms to use.

JACUSTOMER-6eojji87- :

ok

JACUSTOMER-6eojji87- :

ok thanks

tdlawyer :

Can I ask why you have rated poor service please?

JACUSTOMER-6eojji87- :

because what you have given me the lanlord zone i already know about this and does not really answer my question

tdlawyer :

Why does it not answer your question, what would you like to know?

JACUSTOMER-6eojji87- :

it is a public domain anyways and my understanding of a legal advise is not referring to an another website

tdlawyer :

I can tell you what you need to know, if you tell me what it is you want to know in addition to the above?

JACUSTOMER-6eojji87- :

which almost all the landlords are aware anyways

tdlawyer :

We usually like to refer people to other websites where they provide more details - it's often useful for more detailed reading. Then if you have questions about what you have read, you can always ask us more questions.

JACUSTOMER-6eojji87- :

the diffoculty or ambiguity of my case is according to ground 1, you need to let your tenant know that you might use grpound 1 to claim repossession at some point, BEFORE the tenant actually moves in

JACUSTOMER-6eojji87- :

so if the housing act text or some websites could have answered my question why whold i need an "expert " opinion?

tdlawyer :

Okay, I'm afraid I don't always have the unique knowledge on things that other sites on the web don't have. As such, I will opt out and see if any other expert can tell you something other sites cannot.

Expert:  Nicola-mod replied 3 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola

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