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Thomas
Thomas, Solicitor
Category: Property Law
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Experience:  UK solicitor holding an England and Wales practising Certificate.
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my tenants agreement has expired, and we have decided to sell

Resolved Question:

my tenants agreement has expired, and we have decided to sell the house, therefor we need to vacate the tenant . can you tell me how i go about this, the forms i use, how many months notice i have to give
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Is this for a residential property which you have let under an assured shorthold tenancy?
Kind regards.
Tom
Customer: replied 2 years ago.

yes

Expert:  Thomas replied 2 years ago.
Thanks, ***** ***** answer now. 5 mins please.
Kind regards.
Tom
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Because the fixed term of the tenancy agreement has expired it has now become a statutory periodic tenancy. This means that you must give the tenancy two months notice in the correct form. They one month notice you have served is not valid, regardless of what the tenancy agreement said unfortunately.
You will have to download from an internet provider a Section 21(4)(a) Housing Act 1988 notice. The notice period is two months (if rent way paid monthly) with such notice to expire at the end of a rent period. Serve by registered post and allow three working days for postage. The template you download will probably have notes on serving it appropriately.
I would pay and download a copy template notice from one of the online document providers. It will have notes on service (which is the most common reason why possession claims fail) but this link also contains a very good explanation on serving such a notice:-
http://www.landlordzone.co.uk/pdf/servingS21.pdf
Once served and the notice period has expired you will have to apply to court for a possession order. You cannot evict her without a Court Order. The easiest way is online:-
https://www.possessionclaim.gov.uk/pcol/
If the tenant does not leave when the notice expires then you will have to apply to Court for a warrant for execution so that the Court bailiffs effect eviction.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7567
Experience: UK solicitor holding an England and Wales practising Certificate.
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