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View Full Version : AST- how do I evict tenants at end of fixed term?



plants enhance
20-12-2005, 15:42 PM
Hi This is the first time I have asked a question on Landlord Zone, although I used the insurance details before as well as browsing the site and found it very helpful. Could you please inform me how I go about ending a six month short term assured lease. My tenants are noisey and are causing a problem for the upstairs tenants (also mine.) Can I write to them now and inform them that I am giving them their notice for the end of their lease which runs out on 27th January 2006 or do I still have to issue a section 21. They are not 8 weeks behind with their rent, although they are not totally up to date with it. If I have to issue a section 21 am I right in thinking that this cannot be issued until the 27th Jan 06. Many thanks in anticipation of anyones help.

PaulF
20-12-2005, 16:54 PM
You really haven't researched the other threads much as there is TONS AND TONS of information on this. Try using the search facility.

You must serve a minimum of two months Notice - so you can serve it at anytime; as it appears to be within the fixed term your Notice can be valid to obtain possession that much sooner as it doesn't have to end at the end of a rent period.
Remember to serve a S.21 1(b) Notice and to date the possession date for about 25th February 2006, i.e. 2 months and 5 days hence to give time for it to be delivered. use Recorded delivery if you can't do so by hand personally.
Sorry! but you won't be able to repossess using the S.21 route until then, and you could have to still go through the accelerated possession procedure if they don't move out.
Make sure your AST has a clause in it to say how Notices are to be served on the tenant (otherwise you should do it personally), and make sure there is a S.48 Notice within the tenancy agreement too (can't go into too much detail as to why) otherwise serve one of those too. (free download from the internet for both Notices - just put details into search engine - also available on this site from the home page).
Just put "Gary Webber" into the search facility for an article on serving S.21 Notices.

Ericthelobster
20-12-2005, 18:17 PM
You really haven't researched the other threads much as there is TONS AND TONS of information on this. Try using the search facility.
[...]
Just put "Gary Webber" into the search facility for an article on serving S.21 Notices.Hmm. Paul, have you tried using the search facility on this site recently? It's about as much use as a chocolate teapot... if you put "Gary Webber" in, all you get is three or four posts from your good self saying "put "gary webber" into the search engine to find out all about S21 notices..."!

Energise
20-12-2005, 18:59 PM
Garry Webbers Website is here.

http://www.propertylawuk.net/index.html

plants enhance
20-12-2005, 21:47 PM
Thank you for your reply to my query, I am sorry that you feel that I have not researched enough on the website. I had limited time this afternoon and am not too sure of my way around the whole site. Whilst I am sure to computer buffs it is very easy, I, a mere mortal, do not find it so but I do appreciate your time and trouble to reply to my query. I will try not to bother you again with a query until I have spent much more time trying to find my way around and then understand the information on hand.