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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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In my tenancy with my tenant Fixed Term Assured Shorthold it

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In my tenancy with my tenant Fixed Term Assured Shorthold it states:
" Notice is hereby given that possession might be recovered under Ground 1, schedule 2 of the Housing act 1988 if applicable. That is, that the landlord used to live in the Propery as his or her main home, or intends to occupy the property as his or her only or main home."
This is true of my situation but our agents are refusing to accept this clause. Am I within my rights to seek possession by giving two months notice or do I have to wait until the end of the fixed term?
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

You can give notice now which will take effect from the end of the tenancy or 2 months, whichever is greater.

Alex Watts :

Most Landlords serve a section 21 notice as soon as the tenant has moved in.

Alex Watts :

But you are perfectly entitled to serve the notice now so the tenant knows to leave at the end of the period.

Alex Watts :

Can I clarify anything for you about this today please?

Customer: The fixed term of the tenancy ends 14th August 2014. Are you saying that I can give the tenant 2 months notice now to seek possession of the property and not have to wait until The fixed term ends. My agent is refusing to accept that I can do this even though it's in the contract that they drew up. How can I get them to serve notice for me because they are refusing?
Alex Watts :

Yes you can give notice now so then they will need to give out when the tenancy ends.

Alex Watts :

The agent is clearly incompetent. You should write and request them to serve the notice early, if not you will consider them to be in breach of contract and can sue them for loss and damage.

Alex Watts :

Can I clarify anything?

Customer: Shortly after the tenant signed the new contract last year, 15th August 2013 I asked my agents if I could seek possession due to personnel reasons and was flatly told that I could only seek possession 2 months before the end of the contract. Could you please clarify that they were wrong all along and that I could of served notice at any time? If I serve notice, let's say tomorrow, I can expect the tenant to vacate the property in 2 months? I'm sorry if it appears that I'm repeating myself but the agents have me very worried. Thank you so much for your help so far.
Alex Watts :

Yes you cant seek possession until 15th August.

Alex Watts :

BUT you can serve the notice to quit now.

Alex Watts :

But they can stay until August

Alex Watts :

Does that help?

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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