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Asking Tenant to Leave

Started by cmore6685, October 24, 2019, 09:44:54 AM

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cmore6685

I have a tenant who is in arrears. This is my first time being a landlord, I've work hard to save and even re-mortgage my mum's house in order to have this investment opportunity. However I have made little to no money since doing this because of this tenant constantly going into arrears. I have now decided to sell the place, and chose to ask him to vacate the property in two months, I also made him an offer via email that stipulate I  will forgive his arrears and will return his deposit in full on the condition that he agrees to vacates the property on a specified date. Currently we are in an email exchange where he is stalling (obviously he doesn't want to leave, rather stay and not pay rent). This is the best way I can think of getting rid of the tenant so I can sell the flat without serving an eviction notice which I've been told is long and expensive. However since I'm new to this I have concerns:

1.   If he agrees, will this email exchange be enough to proof to hold him accountable legally
2.   If he doesn't agree, can I serve him a section 8 or section 21 notice
3.   If notice is served, will it be enough to scare him away so has to not have this issue taken to court
4.   Do I have a right to ask him to leave before his fix term tenancy ended, it's not a formal notice to vacate
Further key details: 1 year fix term AST agreement, Deposit held in DPS and as of 1 November he will be coming into 2 months arrears (due to me hiring a solicitor he managed to settle previous arrears).

Please help

Hippogriff

1) Probably... but you could always sign and witness something... the proof and most important thing is when the property is vacant and you have keys... if you have paperwork backing-up your agreement then it only benefits you, I suppose.
2) Section 8 = yes (but fraught with challenges if relying on rent arrears alone), Section 21 = not within the fixed term.
3) Who knows? You'll scare a normal person, but not a professional Tenant... it's all part of the 'game'.
4) No right. But anyone can ask anything... it seems you'd prefer to do it via agreement, quite wise - but be careful of being played.

cmore6685

Thanks H for your helpful response. will keep your counsel in mind