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Harris
Harris, Law Specialist
Category: Property Law
Satisfied Customers: 2726
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My council tenants won't leave my property unless I have a

Customer Question

My council tenants won't leave my property unless I have a court order if that correct and how do I go about it.
Submitted: 1 year ago.
Category: Property Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-What type of tenancy do they have?

-How long have they had the tenancy?

Customer: replied 1 year ago.
Its assured shorthold tenancy.Since November 2009
Expert:  Harris replied 1 year ago.

Thank you. Has the tenancy agreement been formally renewed since then?

How long was it for initially - 12 months and rent payable monthly?

Customer: replied 1 year ago.
Not been formally agreed since then.Yes, 12 months initially and rent payable monthly, although council pay every fore weeks.
Expert:  Harris replied 1 year ago.

Thank you - as the tenancy has not been formally renewed since then they will be on a statutory periodical tenancy, which is basically a month to month contract.

You can follow the guide here to give them a Section 21 notice, which is a minimum of 2 months notice to leave: https://www.gov.uk/evicting-tenants/section-21-and-section-8-notices

If they do not leave by the stated date in the Section 21 notice you will need to pursue a court application for possession here if there are no rent arrears: https://www.gov.uk/accelerated-possession-eviction

If there are rent arrears it will be a different application here: https://www.gov.uk/possession-claim-online-recover-property

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

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