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Sep, 2014

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  1. #1

    Default How to cancel tenancy agreement.

    Hi,
    I have a tenant in my house. I gave him a 6 months agreement for one room. It has been over a month and I want him to leave the property because I want to move in his room. In the tenancy agreement it says that if the tenant wants to leave he has to give me 1 months notice,, but does not the length of notice I should give to get rid of the tenant.

    Theres a clause under 'recovery of possession' that says that:

    'the landlord has occupied the premises as his only or principle home and may require the premises as his or his spouse only or principle home. The landlord hereby gives notice that possession of the premises may be recovered on Ground 1 in Part 1 or Schedule 2 to the Housing Act 1988'

    So can someone please tell me by law whats the notice period i have to give him. i need to get rid of him asap.

    Note I dont currently live in the house.

    many thanks
    ali

  2. #2
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    Yorkshire
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    Quote Originally Posted by FG_Landlord View Post
    Hi,
    I have a tenant in my house. I gave him a 6 months agreement for one room. It has been over a month and I want him to leave the property because I want to move in his room. In the tenancy agreement it says that if the tenant wants to leave he has to give me 1 months notice,, but does not the length of notice I should give to get rid of the tenant.

    Theres a clause under 'recovery of possession' that says that:

    'the landlord has occupied the premises as his only or principle home and may require the premises as his or his spouse only or principle home. The landlord hereby gives notice that possession of the premises may be recovered on Ground 1 in Part 1 or Schedule 2 to the Housing Act 1988'

    So can someone please tell me by law whats the notice period i have to give him. i need to get rid of him asap.

    Note I dont currently live in the house.

    many thanks
    ali
    When you say 'It has been over a month' do you mean he has been living there one month or seven months already?

  3. #3

    Default

    Quote Originally Posted by mind the gap View Post
    When you say 'It has been over a month' do you mean he has been living there one month or seven months already?
    He has lived there only one month. he has been a good tenant, paid rent on time etc. I just want him to move because I want to move in there myself.
    thanks.

  4. #4

    Default

    dont get me wrong, im not horrible or anything. i really need to move in.

  5. #5
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    Yorkshire
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    Quote Originally Posted by FG_Landlord View Post
    dont get me wrong, im not horrible or anything. i really need to move in.
    I'm not saying you are horrible, just in the wrong!
    You cannot grant someone a six month tenancy, then ask them to move out after just one month because you decide you need the room!

    For ground 1 to apply, you need to have informed tenant in writing before tenancy began that you might/would want to repossess during the term.

  6. #6
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    Yorkshire
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    Quote Originally Posted by mind the gap View Post
    I'm not saying you are horrible, just in the wrong!
    You cannot grant someone a six month tenancy, then ask them to move out after just one month because you decide you need the room!

    For ground 1 to apply, you need to have informed tenant in writing before tenancy began that you might/would want to repossess during the term.
    I have just re-read your post - when you say 'there is a clause', do you mean a clause in the tenancy agreement itself which you gave him?

    If so, it may count as 'informing him in writing before the tenancy starts', (as you need to do for ground 1 to apply) but I don't know if there is a minimum notice period for this.

    Perhaps someone else does?

  7. #7

    Default

    Quote Originally Posted by mind the gap View Post
    I have just re-read your post - when you say 'there is a clause', do you mean a clause in the tenancy agreement itself which you gave him?

    If so, it may count as 'informing him in writing before the tenancy starts', (as you need to do for ground 1 to apply) but I don't know if there is a minimum notice period for this.

    Perhaps someone else does?
    yh its in the tenancy agreement, under 'recovery of possession'.

  8. #8
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    Have you lived in the house yourself as your sole or principle residence, before the tenant moved in?

  9. #9

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    Quote Originally Posted by mind the gap View Post
    Have you lived in the house yourself as your sole or principle residence, before the tenant moved in?
    no, it was rented out to a family.

  10. #10
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    Yorkshire
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    Quote Originally Posted by FG_Landlord View Post
    no, it was rented out to a family.
    In that case, I don't think you can cite ground 1, after all.

    But I'm not an expert. Wait till someone comes along who knows definitively!

    And I've just spotted a glaring spelling error : principal residence, not principle! Apologies...

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