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Ask Harris Your Own Question
Harris
Harris, Law Specialist
Category: Property Law
Satisfied Customers: 2811
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Our daughter has had an offer accepted on a cottage with a

Customer Question

Our daughter has had an offer accepted on a cottage with a tenant whom, we are told, is reluctant to leave. The estate agent told her that the property would be vacated when it is sold. What is the legal situation please?
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:

-Is there a written tenancy agreement in place? If so, when was it entered into, when does/did it expire and has it been formally renewed?

-How often is rent paid?

-Are there any rent arrears?

Customer: replied 1 year ago.
We don't know any of these details.
Customer: replied 1 year ago.
We don't know any of these details.Will you be answering further ?
Expert:  Harris replied 1 year ago.

Would you be able to obtain them from your daughter as they will be relevant to any firm information provided to you.

Legally, as a landlord, your daughter will have to serve the tenant with a formal Section 21 notice giving the tenant a minimum of two months' notice to leave. If the tenant does not leave by the expiry of the notice your daughter will need to pursue a possession claim to court, if there are no rent arrears this can be pursued through the accelerated route (she can do this online here: https://www.gov.uk/accelerated-possession-eviction). If the tenant does not leave by the date of the possession order your daughter will then need to apply for a Notice of Eviction - it is this date that gives the final date the tenant must leave by, and if the tenant does not a bailiff will evict her.

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