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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71043
Experience:  Over 5 years in practice
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Hello. I have flats and tenant into 2nd month of AST. I am

Customer Question

Hello. I have flats and tenant into 2nd month of AST. I am leaving my husband/marital home and need possession of the flat asap if not immediately. What is my legal status and how do I evict, under what grounds? How much notice do I need to give please. Thank you. DP
Submitted: 5 years ago.
Category: Law
Expert:  Jo C. replied 5 years ago.
What is the start and end date of the contract
Customer: replied 5 years ago.

23/11/2012 start and end is 6 month from this date

Expert:  Jo C. replied 5 years ago.
Was this ever your own home?
Customer: replied 5 years ago.

No. I require flat no 2 as it is let unfurnished (but is furnished with my furniture and white goods). In 2 weeks I will be moving into the building, but the unregistered basement flat which has no electric,water.etc as it/was due to be re vamped and is partially gutted.

Expert:  Jo C. replied 5 years ago.
I'm really sorry but you have no basis to do that.

If these are let on an AST then you have to show a breach to break such a tenancy agreement.

There are 17 grounds of eviction under the Housing Act and the closest you can come is ground 1 which doesn't apply here because it was never your main home.

In any event, you would not get into it in anything like 2 weeks. You would have to give them 14 days notice under S8 before you could even apply to the Court.

You can serve a S21 notice brining the agreement to an end at the end of the AST but you don't have any basis to get in before then unless, of course, the tenant agrees.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
Customer: replied 5 years ago.

Ok, just as I had anticipated. No problem and thank you for assistance. DP

Expert:  Jo C. replied 5 years ago.
Sorry it cannot be more positive.

All the best.