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James Mather
James Mather,
Category: Property Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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I need to evict a tenant on a tenancy that has become a periodic

Customer Question

I need to evict a tenant on a tenancy that has become a periodic tenancy, because we didn't signed a new agreement after the original Assured Shorthold agreement expired five years ago. I was going to send a standard Section 21 notice.

However, It says on that notice "Where an Assured Shorthold tenancy is a periodic tenancy, a court must make an order for possession"

Question. Is this necessary if (by coincidence) the eviction date is at the end of a full year? And in any event, how do I go about this. Furthermore, if a court must make an order for possession can it be issued after I have given notice, but before the expiration date?
Submitted: 5 years ago.
Category: Property Law
Expert:  James Mather replied 5 years ago.
Why do you need to evict the tenant?
Customer: replied 5 years ago.

There is nothing wrong with the tenant and I have said that in writing. I have said that I need it for my own occupation

Expert:  James Mather replied 5 years ago.

I am not certain what the problem is. You
need to serve a section 21 notice and
then when that is expired, if they do not move out, apply for an order for
possession. If they still do not move out, apply for an order for eviction.

It doesn't matter when, after the end of the
tenancy, you want the person out, provided you give the correct notice and it
is served within the correct timescales and form.

Can I help further?

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The thread remains open. Thanks