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Ask Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10777
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Have given tenants 2 months notice through the letting agent.

Customer Question

Have given tenants 2 months notice through the letting agent. We have now been told by agents that although tenents are due to leave my property 1st October they are refusing to leave as they cannot find a suitable dwelling
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
I am Al and am happy to assist you with your enquiry.
On the basis that your Agent has served a valid Section 21 Notice on your Tenants, giving them 2 months notice,You do not have to leave when the notice period in a Section 21 notice expires, and they don't move out, I am afraid you must take them to court to get a possession order. You can do this any time after the notice period expires.
If you have a fixed-term tenancy (for example for 6 months or one year), you must wait until the fixed-term has expired before starting court action.
You can usually apply for a court order to evict them without the need for a court hearing. This quicker route to possession can only be used to evict assured shorthold tenants and is called the accelerated possession procedure. This procedure can't be used if you want to claim for unpaid rent.
The accelerated possession procedure will normally take you 2-4 weeks.
I hope this assists and sets out the legal position.
Kind Regards
Expert:  Aston Lawyer replied 2 years ago.


Can I assist you any further?

Kind Regards