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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70516
Experience:  Over 5 years in practice.
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Have a property which i am renting, and would now like to sell

Customer Question

have a property which i am renting, and would now like to sell but the tenants refuse to move.
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 2 years ago.

i would now like to sell the property but the tenants refuse to leave and would like to know how i would go about evicting them and what rights i have.

Expert:  Remus2004 replied 2 years ago.
What type of contract are they on please?
Customer: replied 2 years ago.

a rolling 6 monthly contract

Expert:  Remus2004 replied 2 years ago.
OK
When should that end ?
Customer: replied 2 years ago.

as i have given them 2 months notice twice it should be next month on the 10 of june.

Expert:  Remus2004 replied 2 years ago.
Well, it depends.
Is this a fixed AST? If so, you cannot just give notice I'm afraid.
Customer: replied 2 years ago.

sorry dont understand what is a fixed ast.

Expert:  Remus2004 replied 2 years ago.
Assured shorthold tenancy agreement?
Customer: replied 2 years ago.

it is a periodical tenancy a 2 month rolling on and any party can give notice during that time.

Expert:  Remus2004 replied 2 years ago.
If it is a periodic then it is not a rolling six month contract.
However, a periodic tenancy agreement can be ended by either party by serving a S21 notice on or before the rent date. That must be no less than two months and must run from the rent date.
If the tenant still refuses to go then you would need to seek a possession order although that should not be difficult to obtain. It may be slower than you would like but it is not going to be refused.
If they still refuse to pay then you can get the bailiffs to put them out if necessary although it rarely comes to that.
Can I clarify anything for you?
Jo
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

thanks for your help how woul i obtain a s21 notice.

Expert:  Remus2004 replied 2 years ago.
W H Smiths sell them for about £15.
Or you can download them from here
http://www.lawdepot.co.uk/contracts/eviction-notice-forms/?loc=GB&pid=googleppc-notukr_gb-Section21T2_a1-s-ggkey_section%2021%20notice%20template&&s_kwcid=section%2021%20notice%20template|61830742033&gclid=CM2-0tPHrcUCFQzJtAodIT8A3g