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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70643
Experience:  Over 5 years in practice.
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My tenant has a baby and I want to sell the property. Under

Customer Question

My tenant has a baby and I want to sell the property. Under her tenancy agreement I can give her two months notice. Her partner will be difficult about leaving. He has broken several of the terms in the agreement. She is a nanny, so is claiming for the baby. He is not registered at the address. Where do I stand? Thank you.
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

Are you asking if you can give notice?
Customer: replied 3 years ago.
I
Hi. I want to know if she has any grounds to refuse to accept my notice to terminate her tenancy.
Customer: replied 3 years ago.

I need to know if she can challenge my notice as she has a baby.
Expert:  Remus2004 replied 3 years ago.
Is this an AST or a periodic now?

When should it end?

Customer: replied 3 years ago.

The tenancy ends 4 August 2014.
Expert:  Remus2004 replied 3 years ago.
And they are using S1 to get access on the basis that it was a domestic home and they want to return I presume?
Customer: replied 3 years ago.

No. They are on holiday and I want to tell them when they return next week that I shall not be renewing the tenancy on 4 August. I want to tell them before I write a letter, out of courtesy.
Expert:  Remus2004 replied 3 years ago.
Ok. I see.

If its just that you don't want to renew the tenancy then all you have to do is serve a S21 notice.

You can tell them in advance if you want to. That is no difficulty.

They cannot refuse to accept your notice. You are perfectly entitled to bring a tenancy to an end.

Of course, they may be displeased about it. They may well refuse to go and if they do then you will need to get a possession order from the court. What they cannot do though is refuse to go in the end because the bailiffs can ultimately be used to explain to them that they don't have a right to refuse to go.

You cannot just write a letter though. You need to use a proper S21 notice. There has been some case law that has weakend what is required from a landlord and it seemed to suggest that all that was needed was a note ending the agreement but its much safer to use a proper S21 notice.

Can I clarify anything for you?

Jo