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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71053
Experience:  Over 5 years in practice.
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My tenant will move out of a fixed AST from tomorrow. The

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My tenant will move out of a fixed AST from tomorrow. The deposit has been returned in full (it was registered late).
The court hearing for the matter on compensation (for registering a late deposit) has yet to be resolved.
I wish to serve a section 21 today. Unfortunatley I have to withdraw a claim for possession which was served before the end of the AST and therefore mus serve a separate claim for possession from the 17th (after the tenancy has expired)In addition, my tenant has threatened me and I have a witness statement (on oath) who saw this.Questions (from an expert only please )1. Will the section 21 be valid
2. Can I make the claim for possession on the 17th Feb
3. Do I need to hear the outcome of the compensation before (1) and (2) are valid ?
4. Can I serve a section 8 ?
1 Yes, as long as you serve it after you have returned or secured the deposit. 2 No. It isn't the term of the agreement that is decisive. It is the length of the notice. Although you also cannot seek possesion before the end of the AST. If you tell me when you served the S21 notice I will work it out for you. 3 No. 4 Yes, but you have to show grounds. Not sure what they would be here? Jo
Remus2004 and 2 other Property Law Specialists are ready to help you
Customer: replied 2 years ago.
suggest a call please
Customer: replied 2 years ago.
what should I do about the fixed tenancy ? do I need to write a new AST that is periodic ? can I change the conditions ?
Customer: replied 2 years ago.
tried to arrange a call
Customer: replied 2 years ago.
can you call now please
Yes, I'm just on the other line. Wont be long.