Landlord:
My tenant has been living in my property for 8 months. Her contract is
for a year with a 6 month break clause. I’ve decided to move back in
to the house as soon as possible as I’m moving back into the area. I’m
a little bit concerned that she wont’ move out because I know she’s
very happy there (it’s a lovely flat!) and because the rent is quite
low. How do you suggest I make sure she leaves.
Morgan Randall expert:
Hi, thanks for your question. Firstly, it is great that you have
decided to deal with this now, rather than waiting until after the
tenant should have vacated before taking action. This is the most
common mistake a landlord can make. We would need to view your tenancy
agreement, however assuming an AST is in place you would need to serve
a Section 21 notice. This notice must be served in accordance with the
terms of the agreement and should run parallel to the notice period.
This is something we could organise and serve on your behalf. Should
your tenant not vacate once this notice has expired, you would
immediately be able to initiate accelerated possession proceedings
through the county court. Again, it is also important when serving
notice to ensure it is done in accordance with the terms of the
agreement and that the vacate date is clear. If possible, ask the
tenant to respond in writing confirming the vacate date so there can
be no misunderstanding over the date. We would recommend you consult a
solicitor or us before serving notice and determining the as legal
documents have specific requirements surrounding the service of
notice.
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