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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My son owns a house which he let out on a 1 year Assured Shorthold

Resolved Question:

My son owns a house which he let out on a 1 year Assured Shorthold Tenancy Agreement from 7th April 2014 , he gave the tenant three months written notice to leave by the end of the years let period as he is in the process of selling the property, but the tenant has refused to go. What action should he take to regain the property.
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask when he gave the notice please?Did he give the notice in the form of a s21(4)a notice or s21(1)b notice or did he just use a general notice to leave?When is the rent due each month?On what date did he specify they must leave?Did he protect their deposit in a government protection scheme?I apologise for asking such detailed questions but the rules for evicting ast tenants are very specific and the above information will dictate how he may proceed.
Customer: replied 2 years ago.

Responses to your queries:

1. Jan 7th 2015

2. A general notice by letter

3.The 10th of each month.

4. April 8th 2015

5. He did not take a deposit from he tenant.

Expert:  Joshua replied 2 years ago.
Thank you. Unfortunately I am sorry to say the notice is invalid. In order to give a valid notice to a tenant under an AST a landlord is legally required to use a prescribed notice known as a s21 notice. There are two types of notice depending on whether it is being served during the fixed term of the tenancy or after the original fixed term has expired. Because the fixed term of the tenancy has expired he will need to use the s21(4)a notice. The below link will allow him to produce the notice he requires easily. He will need to select perioic term from the drop down box:http://www.lawdepot.co.uk/contracts/eviction-notice-forms/The disappointing news is that he will have to give a further two months notice. The notice can only legally end the day before rent is payable so the next date he could legally require them to leave is 9 July 2015 if the tenant refuses to leave voluntarily. This will be frustrating of course but an attempt to issue possession proceedings on an invalid notice will result in the application being thrown out and the court fee lost so regretably there is no other option.Following service of the above notice if the tenant still refuses to leave then your son can make an application for possession using the accelerate procedure in court providing he has a copy of the signed tenancy agreement and keeps a copy of the notice. If not serving the notice personally he must keep evidence of postage to show it was sent.If he has to do this he will need the following two forms to make the application:http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=618hmctsformfinder.justice.gov.uk/courtfinder/forms/n215-eng.pdfI hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me.
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