How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Remus2004 Your Own Question

Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69361
Experience:  Over 5 years in practice.
12826847
Type Your Property Law Question Here...
Remus2004 is online now

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.
***
(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
***
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: 11 months ago.
Category: Property Law
Expert:  Remus2004 replied 11 months 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 11 months 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 11 months 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 11 months 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 11 months 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.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    414
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1823
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    241
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions