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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70211
Experience:  Over 5 years in practice.
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I have let my property and signed an assured shorthold

Customer Question

Hello,
I have let my property and signed an assured shorthold tenancy starting on the 18th of december for a period of 6 months. I m looking at moving back in the property before the end of the 6 months because of family issues. I used to live in the Property before letting it.
I have looked closer at the termination period but i have a doubt as to what the notice period is.
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(12.1) Notice is hereby given that possession might be recovered under Ground 1, schedule 2 of the housing act 1988 if applicable. That is that the landlord used to live in the Property as his or her main home; or intends to occupy the Property as his or her main home
(12.2) The tenancy may be brought to an end if the mortgagee requires possession on default of the borrower under ground 2, schedule 2 of the Housing Act 1988
(12.3) Before the landlord can end this tenancy, he shall serve any notice(s) on the tenant in accordance with the provisions of the Housing Acts. Such notice(s) shall be sufficiently served at the last know address of the tenant in accordance with section 196 of the Law of the Property Act 1925
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I have read about sections 8 and 21 on the www.gov.uk website. Do those apply in the case of my tenancy agreement? Will i still have to go to Court to get my property back?
If any further information is needed, i will gladly provide it to get a more accurate
Submitted: 1 year ago.
Category: Property Law
Expert:  Remus2004 replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
When do you need to be back in?
Customer: replied 1 year ago.
I am not sure yet. It may be before the 6 months initial period or we may be able to way until the 6 months have expired. I'd like to know the process in both scenarios.
Expert:  Remus2004 replied 1 year ago.
Outside of the 6 month point is easy.
You just serve a S21 notice immediately quoting the end of the AST. Then if he does not go you can seek a possession order without the need to show grounds.
Inside of the 6 month point is not possible on this basis. I know that Ground 1 reads as though it is but it is qualified by Section 8 of the Housing Act 1988 which specifies under Schedule 2, Ground 1, a means of recovering possession of a residential rental property let on an Assured Tenancy (AT) or an Assured Shorthold Tenancy (AST) but this only applies after the fixed-term has ended during the statutory periodic terms. Therefore, it does nothing that a S21 would not.
To get in before the 6 months point you will need to show breach or to agree surrender by consent. Tenants do agree sometimes. He might well prefer to be released.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
So the earliest i can get back in is the 18th of june and i have to give the tenants 2 months notice ?
How will i know if it does not go? Do i have to wait for the 18th of June (and the tenants have not left) to find out?
Expert:  Remus2004 replied 1 year ago.
You give the tenants notice no later than 18th April to end on the 18th June.
Unless, of course, they are willing to go early.
In terms of knowing if they go, handing the keys back is prima facie evidence they have gone. You are entitled to access with notice so you would be able to check as long as you gave notice.

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