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AndyJohnson
19-03-2009, 19:32 PM
hi all

i have a tenant staying in my premises that is refusing to vacate the premises

i have planning to convert the house into 2 flats, which is why i need him out, to commence and complete the work

he is a gd tenant, always paying his rent on time

how do i deal with this situation?

mind the gap
19-03-2009, 21:27 PM
hi all

i have a tenant staying in my premises that is refusing to vacate the premises

i have planning to convert the house into 2 flats, which is why i need him out, to commence and complete the work

he is a gd tenant, always paying his rent on time

how do i deal with this situation?

Offer him first refusal on one of the flats?

Issue a section 21 to expire at the earliest legally allowed date?

Poppy
19-03-2009, 21:29 PM
What kind of tenancy are you talking about? Assured Shorthold Tenancy? Lodger? Common-law contract? Something from the dark ages?

When you answer this question, the members will have suggestions.

AndyJohnson
20-03-2009, 21:06 PM
hi, thanks for the responses

its an AST

i thought a s21 could only be issued if there are rent arrears?

ps: i offered him one of the 1 beds, he needs 3 bed though

mind the gap
20-03-2009, 21:10 PM
hi, thanks for the responses

its an AST

i thought a s21 could only be issued if there are rent arrears?

ps: i offered him one of the 1 beds, he needs 3 bed though

No, you use a s8 for rent arrears.

You can issue a s21 (Notice Requiring Possession) as long as it gives the tenant at least two months' notice, to expire either on the last day of the fixed term or the last day of a rent period if the tenancy has become periodic.

jta
20-03-2009, 21:13 PM
Andy. A S21 can be issued at any time, it cannot be operable in the first 6 months of the tenancy, it can also only be issued providing the deposit has been properly protected. It's a no fault demand for the return of the property.
It is not a notice to evict. If the tenants do not move out of their own accord then you need to apply for an eviction order through the court.