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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Property Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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I have a house which is split in to 2 flats. I live in 1 flat

Customer Question

I have a house which is split in to 2 flats. I live in 1 flat the other flat I let out. The tenant has been in the flat for about 15 years. I rent the flat which is in Forest Gate East London to him for £395.00 per calender month. The tenant is a good tenant and pays his rent regularlly. Due to a change in my personal circumstances I gave the tenant notice to leave as I now need to sell my house. He has been to the council who have advised him not to move out until I get a possession order through the county court. I have been to the court and got the form but it asks if I am a registered Landlord which I am not. Also it asks for a copy of the eviction notice which I have not got as I gave it to the tenant and did not keep a copy.It also asks for a copy of the short hold tenancy agreement which I have not got as I did not bother to keep one in force although i have given the tenant short hold agreements over the years. can you please advise me on how to procede. Kieran McClean
Submitted: 5 years ago.
Category: Property Law
Expert:  James Mather replied 5 years ago.
Do you have a specific question?
Customer: replied 5 years ago.

i dont understand whayt you mean I have explained my situation and I have asked you how best to proceed I am asking for your expert legal advice

Expert:  James Mather replied 5 years ago.

You did not actually ask a specific question
so I will answer generally.

You are either going to need to prepare
another section 21 notice (and keep a copy) with the same dates on or, if you
don't have the dates, or the tenant will not give you a copy or let you copy
it, do another notice with new dates on dated now. At this stage, you do not
have an eviction notice you have a section 21 notice, which is a notice telling
the tenant to get out. The process is that you give the tenant a section 21
notice. If he then doesn't leave, you apply to court for possession and if he
still doesn't leave you then apply to court for eviction.

Some councils will rehome somebody on a
possession order and some require the eviction order. Be very careful with
section 21 notice, dates and expiry periods. Everything you need to know about
section 21 notice season is here

Don't worry about not being a registered

Don't worry about not renewing the tenancy
agreement, the original tenancy agreement is fine because it has just been
rolling over and has now become periodic.

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