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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71146
Experience:  Over 5 years in practice
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I gave my tenants a 12 month contract to live in my house,

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I gave my tenants a 12 month contract to live in my house, 5 months in my husband has said that he would like a divorce and that he would like myself and our child to move out of his house, am I able to break the contract with my tenants and move into my property?

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Is this an AST please?
Customer: replied 3 years ago.

Yes, I'm pretty sure that it is, although my rental agreement is just called 'Rental Agreement'.


If it is an AST then you can get back into the property but you need to serve a S21 notice and also a S8 notice citing grounds 1 as I presume that you have lived at this property as your main dwelling home.

The tenant may not go and you may need to seek a possession order but it is possible for you to do so. It will just be slower than you would like probably.

If its a periodic agreement then you just need to serve a S21 notice giving them two months notice although if they refuse to go then you would still need to seek a possession order.

Can I clarify anything for you?

Customer: replied 3 years ago.

Thank you. Yes, please could you clarify who I speak to next in order to commence the process?

You just serve the notices yourself.

Often tenants go when they get them but it does depend on what type of tennat you have.

You will find a S21 form here

and they probably have a S8 form.

There are some forms online available for free but I don't know what they are like.
Customer: replied 3 years ago.

Thank you. XXXXX need to wait until they have been there for 6 months?

Not for the purposes of S8.

You should really serve a S21 notice the day after the granting of the AST. You don't have to rely on it but its done if you need to.

You can serve it at any time. It just says that you don't intent to renew.

S8 is the notice that seeks to break early.
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