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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a tenant in my property as i am abroad in the agreement

Resolved Question:

I have a tenant in my property as i am abroad in the agreement there is a clause;
A. The Landlord by this clause gives the Tenant notice under the Housing
Act 1988 that possession may be recovered on the following grounds:
Ground 1: The residential investment property was previously the landlord’s
only or main home or the landlord or their spouse require it to live in as his or her main home.
I am getting harrassed from my local council saying that i cannot ask them to let is thsi correct ??
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know when the tenant started the tenancy and why you want to evict?
Customer:

Hi Alex

Customer:

my tenant started the tennacy March of this year. I had some work abroad and wanted to rent the house out not sure of when i would be returning. I had a clause put in the agreesment;

Customer:

A. The Landlord by this clause gives the Tenant notice under the Housing



Act 1988 that possession may be recovered on the following grounds:






Ground 1: The residential investment property was previously the landlord’s only or main home or the landlord or their spouse require it to live in as his or her main home.

Customer:

this was so i could tqke the property back if i returned home i needed my home back to which it was all agreed and she signed the agreedment

Customer:

As i said in the message i give her 2 month notice which was fine then my local council is telling me i cant do what i am doing. Then when i spoke to Miss Dixon the tennat she told me that i had to ignore the e mails that were sent. The another e mail arrived saying i had to take Miss Dixon to court to regain possesion of my property

Alex Watts :

Are they no longer in the fixed term?

Customer:

The Agreement is still running

Alex Watts :

Yes but how long was the original period for, ie 6 months?

Customer:

no it was for 12 months

Customer:

do you want me to send a copy

Alex Watts :

So how come you want to end it now then if the agreement was for 12 months starting on March 14?

Customer:

Because i went abroad as i explained to work and my contract has ended and now need to go back to the UK and live in my house. This is why the clause i intially sent you was end incase this occured

Alex Watts :

Yes I needed to check. Its bad news though I am afraid.

Alex Watts :

You can only issue notice to leave if they have breached the tenancy or they are no longer in the fixed term

Alex Watts :

You accept that it started in March 2014 then it expires in March 2015

Alex Watts :

You ordinarily would be able to give 2 months notice, but in this case you can't force them to leave any earlier than March 2015 unless they have breached the agreement.

Customer:

even with the clause

Alex Watts :

You can only evict with a Court order and on the basis there is a fixed term contract until March*****will issue this.

Alex Watts :

You are citing ground 1 - which is quite right

Alex Watts :

But you can't rely on that until March 2015

Alex Watts :

The 12 month contract HAS to expire.

Alex Watts :

You have a contract for 12 months, you can't end it early unless they are in breach

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

okay thats not good i am leaving myself homeless in that case and the agreement is not worth the paper is is wrote on with the clauses

Alex Watts :

I am sorry

Alex Watts :

The clause is not very well worded.

Alex Watts :

It should have read that the term is for 12 months, but the Landlord has an option to break after 6 months upon notice

Customer:

so there is no way i can gain possesion of my home early

Alex Watts :

If you had a break clause it would have been fine.

Alex Watts :

Sadly you cant get possession early

Alex Watts :

I am so sorry

Customer:

okay

Alex Watts :

Can I clarify anything else for you today?

Customer:

no as bad as it is thats great thank you

Alex Watts :

Can I help with anything else today?

Customer:

no i will get back in touch in the agreement gets breeched for advice again

Alex Watts :

Ok thanks. If I could invite you to rate my service before you go today please. The button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer:

okay thanks

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