View Full Version : Notice to quit existing AST
19-04-2008, 08:40 AM
I have a small problem and hope you can help.
I have a tenant who at the end of February gave me written notice that he wanted to end his AST on the 29th March. I have advertised the property and have a new tenant who wants to move in but the old tenant is still in situ, refusing to leave and not paying the rent. What can I do.
19-04-2008, 09:59 AM
After reading through some of the other threads I think I have found the answer. Am I right in thinking if I want the existing T to leave I still have to give 2 months notice and even after 2 months I still might have to go through the courts?
19-04-2008, 10:06 AM
Oh dear - your old tenant's moving plans have gone wrong and he is using the unalienated right of such tenants to remain in their current residences for as long as they wish! You have no option but to serve a section 21 notice on him giving a minimum of 2 months notice to leave, and when he still doesn't go commence court procedings to obtain a possession order (another month probably) and then this has to be enforced by a court bailiff (another month or two). Alternatively if he is two or more months in arrears with his rent, you can use a section 8 notice which only requires you to give him two weeks notice before the lengthy court process (involving a court hearing this time) can be commenced, but you should get a CCJ for him to pay the rent he owes.
There is tons and tons on such matters on this site - I have only given a brief overview of your options.
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