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INC Law
INC Law, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 15946
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I have a couple leasing a room in an HMO on a 6 month AST,

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Hello
JA: Hello. How can I help?
Customer: I have a couple leasing a room in an HMO on a 6 month AST, they are very anti social and Have broken a number of house rules by smoking cannabis, inviting friends around, noisy during the night and harassing my property manager. Their agreement runs out on the 19th July and I do not wish to renew it. There is now a patch of damp in the refurbished room they are in that needs attention can I use the essential works clause to get them out sooner? Thank you Jenny
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: we have given them a number of written warnings about their behaviour but have not filed anything against them due to the Covid 19 situation.
JA: Where is the house located?
Customer: Littlehampton in West Sussex
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No I think that’s it, only that the house is not a licensed HMO as I am preparing a planning application for the change of use, I am working alongside my local council with regards ***** ***** so they are aware that I am leasing some of the rooms but not all.

Hi Jenny,

Thank you for your query. There is a possibility that you may be able to get them out earlier, however, you may have to provide alternative accommodation to do so.

If you have not already served a Section 21 Notice, I would suggest you do so ASAP. If the tenants do not leave on 19th July, the tenancy becomes a periodic tenancy and you would have to then serve 2 months notice to have them evicted.

In any event, based on the information you have provided any Notice period and subsequent court application would take you past 19th July. Therefore, it may be worth you asking the tenants to confirm they will be leaving at the end of the term. If not, you need to serve your Notice.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Many thanks,

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