Tenant won’t leave

[Witsend1]

I have given my tenant over a years notice to leave as I have am now retired and I want to free up my assets for personal reasons. . She is being awkward with potential buyers and tries to put them off. She has now not cleaned the house and it’s awful
and is off putting to potential buyers. She has also taken down for sale sign. The tenancy was just for her and her son She told me she was separated from husband. Now I find her husband has moved in and her mum and dad. I’m at my wits I’m worried the council will take me to course for multiple occupancy. I have never put a foot wrong.

[islandgirl]

what kind of tenancy agreement do you have? AST?

[Witsend1]

Yes it is. I have now been told that we have to serve another section. 21 notice as it expired before we got a court order. I am literally at breaking point.

[Witsend1]

Why is a section 21 notice only valid for 6 months ?

[atticus]

The law, that's why!

[dslippy]

A law that is about to change?

[Witsend1]

Is this so ? Please tell me more.

[efpom]

4D)Subject to subsection (4E), proceedings for an order for possession under this section in relation to a dwelling-house in England may not be begun after the end of the period of six months beginning with the date on which the notice was given under subsection (1) or (4)

https://www.legislation.gov.uk/ukpga/1988/50/section/21

See also:
https://commonslibrary.parliament.uk...ings/cbp-8658/

[DE DOGS]

Grandaughter had this problem. As you have been advised, you serve a Court order giving 6 months' notice to vacate, this then applies for the people to vacate, if they refuse to leave then I am afraid that you have to involve the Balifs to evict.

[efpom]

With respect to DE DOGS, his advice is simply wrong. A s,21 Notice of Possession gives the tenant 2 months to quit. A s.8 Notice can give as little as 14 days for the tenant to quit.

In both cases the Notice becomes stale after 6 months, meaning that an application to the court for an Order of Possession will be refused.

If an Order of Possession is granted, the tenant must quit with a time frame of 2 to 6 weeks depending on the terms of the Order and if he/she does not quit, an application for a Warrant of Possession is made. If that is granted, 14 days after the Warrant is issued, it becomes live and Bailiffs can eject the tenant and take possession on behalf of the landlord.

[DE DOGS]

With respect to DE DOGS, his advice is simply wrong. A s,21 Notice of Possession gives the tenant 2 months to quit. A s.8 Notice can give as little as 14 days for the tenant to quit.

In both cases the Notice becomes stale after 6 months, meaning that an application to the court for an Order of Possession will be refused.

If an Order of Possession is granted, the tenant must quit with a time frame of 2 to 6 weeks depending on the terms of the Order and if he/she does not quit, an application for a Warrant of Possession is made. If that is granted, 14 days after the Warrant is issued, it becomes live and Bailiffs can eject the tenant and take possession on behalf of the landlord.

Thanks, I posted the problems our Grandaughter had, that was the route she had to take from memory, but stands to be corrected.