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INC Law, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 15440
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Can ask a tenant to leave while property I apply iprobate,

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Can ask a tenant to leave while property I apply iprobate
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: We’ve applied for probate and sent the tenant a letter saying we want to sell and his tenantcy will end on the 31 October 2020 and ask for access so we get safety check done as no safety check been done from 2011 he not replied to any phone call or letters
JA: Where is the property located?
Customer: dewberry West Yorkshire
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Apart from will be free advise f


Thank you for your query. I am a Solicitor-Advocate in the UK and have over 20 years of legal experience as well as being a part-time lecturer at a University.

If you have served the Tenant a Section 21 Notice, you would have to give at least 6 months Notice under the provisions put in place during Covid-19. Once the 6 month period has expired, you would be able to apply to court for a possession order.

If you wish to obtain access, you can provide the tenant with reasonable notice and then access the property using your own keys or with a locksmith.

If the tenant objects or prevents you from coming in, you will have to make an application to court for an injunction to allow you access to carry out a gas safety inspection.

I hope this answers your questions. If you have any further questions, please do not hesitate to ask.

many thanks,

Customer: replied 10 days ago.
Dose it after be an official section 21 or defend a letter to be signed for we sent a letter on the 6th of August 2020


It should be a Section 21 Motice or at least contain the same information.

I hope this assists.

Kind regards

INC Law and other Property Law Specialists are ready to help you
Customer: replied 10 days ago.
Sobif issui the tenants a section 21 on the 6 of August 2020 and asked to leave by 31st of October as got leave even thou the hose is going though probated
Customer: replied 10 days ago.
Sorry forgot to mention the contract as not been renewed from 2011 and it was a one year contract


You will need to provide at least 6 months Notice, not two.

Customer: replied 9 days ago.
do I need to give the tenant a new updated section 21 or can just up date the 1st than ends in October


You will need to issue the tenant with a new Section 21 which gives at least 6 months Notice.

I hope this answers your questions.

Kind regards,

Customer: replied 9 days ago.
there no other way found this problem I've got to give tenant 6 months notice by law


Unfortunately not. It must be 6 months under the current legislation.

Kind regards,

Customer: replied 9 days ago.
we've applied for probate that's all In process do I sign the new section 21as landlord


You sign it as the personal representative of the deceased landlord.

I hope this helps.

Customer: replied 1 day ago.
Do i after show that i am the tenant that im legal owner of the propert before issue them with a section 21