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pampam
05-02-2009, 18:42 PM
I have a problem with a house that I am renting out. It has got what is called "secondary flooding" which is rising damp that has begun to appear following the floods in 2007. The whole of the ground floor has to be stripped out, then dried and new floors and plaster has to be fitted. the work is expected to take 6 months.
The problem is how do I get my tenant to move out? She has lived there since 1995 and originally signed a "Shorthold Tenancy Agreement"
I would like her to move out permanently as my granddaughter is in need of somewhere to live and would like to move into the property when the work has been completed.
What is my legal position can I serve notice? If yes which notice should I give and how long do I have to give the tenant to find somewhere else to live?
Sorry about all the questions but this is the first time I have had to do this.
Any advice really appreciated.
Thanks
pam

Paul_f
05-02-2009, 19:37 PM
You are going to have to give us more information, the main one being that your tenant was served with a S.20 Notice before the tenancy began; if you can't show that this was done, then your tenant is an Assured Tenant and you cannot gain possession quite so easily. The one Ground that is open to you is Ground 6 of S.8 Housing Act 1988 but you will need a court order.

If you did serve the S.20 Notice correctly then your tenant is an Assured Shorthold Tenant and you can serve a S.21 Notice, and if correctly served will regain your possession. Both of the Notices I have mentioned requires a 2 months minimum period.

You also don't say if you have a copy of the tenancy agreement that the tenant signed.

I feel it would be better to employ the servies of specialist solicitor as this could be rather more complicated than can be fully explained here.

pampam
05-02-2009, 20:18 PM
You are going to have to give us more information, the main one being that your tenant was served with a S.20 Notice before the tenancy began; if you can't show that this was done, then your tenant is an Assured Tenant and you cannot gain possession quite so easily. The one Ground that is open to you is Ground 6 of S.8 Housing Act 1988 but you will need a court order.

If you did serve the S.20 Notice correctly then your tenant is an Assured Shorthold Tenant and you can serve a S.21 Notice, and if correctly served will regain your possession. Both of the Notices I have mentioned requires a 2 months minimum period.

You also don't say if you have a copy of the tenancy agreement that the tenant signed.

I feel it would be better to employ the servies of specialist solicitor as this could be rather more complicated than can be fully explained here.



Thank you for your reply
Yes I did serve an S.20 and I have a copy.
I also have my copy of the tenancy agreement.
There appear to be different versions of the S21 do you know which one is appropriate in this case?
Thanks again
pam
I

jeffrey
06-02-2009, 09:42 AM
Here is s.21, in its current form applicable to all ASTs no matter when created.

21. Recovery of possession on expiry or termination of assured shorthold tenancy.

(1) Without prejudice to any right of the landlord under an assured shorthold tenancy to recover possession of the dwelling-house let on the tenancy in accordance with Chapter I above, on or after the coming to an end of an assured shorthold tenancy which was a fixed term tenancy, a court shall make an order for possession of the dwelling-house if it is satisfied:
(a) that the assured shorthold tenancy has come to an end and no further assured tenancy (whether shorthold or not) is for the time being in existence, other than an assured shorthold periodic tenancy (whether statutory or not); and
(b) the landlord or, in the case of joint landlords, at least one of them has given to the tenant not less than two months’ noticein writing stating that he requires possession of the dwelling-house.

(2) A notice under paragraph (b) of subsection (1) above may be given before or on the day on which the tenancy comes to an end; and that subsection shall have effect notwithstanding that on the coming to an end of the fixed term tenancy a statutory periodic tenancy arises.

(3) Where a court makes an order for possession of a dwelling-house by virtue of subsection (1) above, any statutory periodic tenancy which has arisen on the coming to an end of the assured shorthold tenancy shall end (without further notice and regardless of the period) on the day on which the order takes effect.

(4) Without prejudice to any such right as is referred to in subsection (1) above, a court shall make an order for possession of a dwelling-house let on an assured shorthold tenancy which is a periodic tenancy if the court is satisfied:
(a) that the landlord or, in the case of joint landlords, at least one of them has given to the tenant a notice in writing stating that, after a date specified in the notice, being the last day of a period of the tenancy and not earlier than two months after the date the notice was given, possession of the dwelling-house is required by virtue of this section; and
(b) that the date specified in the notice under paragraph (a) above is not earlier than the earliest day on which, apart from section 5(1) above, the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the notice under paragraph (a) above.

(5) Where an order for possession under subsection (1) or (4) above is made in relation to a dwelling-house let on a tenancy to which section 19A above applies, the order may not be made so as to take effect earlier than:
(a) in the case of a tenancy which is not a replacement tenancy, six months after the beginning of the tenancy, and
(b) in the case of a replacement tenancy, six months after the beginning of the original tenancy.

(5A) Subsection (5) above does not apply to an assured shorthold tenancy to which section 20B (demoted assured shorthold tenancies) applies.

(6) In subsection (5)(b) above, the reference to the original tenancy is:
(a) where the replacement tenancy came into being on the coming to an end of a tenancy which was not a replacement tenancy, to the immediately preceding tenancy, and
(b) where there have been successive replacement tenancies, to the tenancy immediately preceding the first in the succession of replacement tenancies.

(7) For the purposes of this section, a replacement tenancy is a tenancy:
(a) which comes into being on the coming to an end of an assured shorthold tenancy, and
(b) under which, on its coming into being:
(i) the landlord and tenant are the same as under the earlier tenancy as at its coming to an end, and
(ii) the premises let are the same or substantially the same as those let under the earlier tenancy as at that time.

jeffrey
06-02-2009, 10:34 AM
There appear to be different versions of the S21 do you know which one is appropriate in this case?
Do you mean "different versions" of:
a. section 21 itself; or
b. the Notices under s.21?

If you meant to refer to Notices:
a. s.21(1)(b) applies if you serve it during the AST's fixed term; whilst
b. s.21(4)(a) applies if you serve it after the fixed term has expired.

pampam
07-02-2009, 10:38 AM
Hi
I just need to check a couple of points before I complete the S21.

My tenant moved in on 20th May 1995.
The rent was supposed to be paid monthly in advance from that date.
However due to rent arrears over the years she now pays the rent during the first week of the month in arrears.

I am confused over what date I should put on the notice.

Any help and advice really appreciated.

Thanks
pam

Paul_f
07-02-2009, 16:47 PM
The date you should use is the one when the tenancy commenced to calculate your rental period, i.e. 20th - 19th of each month. You don't need to put an actual date on the S.21 Notice when you require possession, all you have to do is state you require possession two months from when it is served, after the end of a rental period.

pampam
08-02-2009, 14:26 PM
Thanks for that I will get it done this afternoon.
Kind regards
Pam

pampam
13-04-2009, 09:32 AM
Following all the very helpful advice I was given on this site I served the section 21 notice

The tenant has until 19/4/09 to vacate the property.

I spoke to her today and she said she has been advised that she does not have to move out on that date and that she does not intend to leave.

What do I do next?

All advice really appreciated.

Pam

J4L
13-04-2009, 09:45 AM
If she doesn't go then you need to take court action for possession.

Accelerated Possession Procedure is the next step here.

pampam
21-04-2009, 16:30 PM
Following all the very helpful advice I was given on this site I served the section 21 notice

The tenant has until 19/4/09 to vacate the property.

I spoke to her today and she said she has been advised that she does not have to move out on that date and that she does not intend to leave.

What do I do next?

All advice really appreciated.

Pam
Date now passed, tenant still there what do I do next?