UK Landlord Forum / Life

Hi have a tenant in my hse in uk. I am moving bk next week.and gave him 5 weeks notice in august to vacate on basis the family planned to move bk. We have not been able to contact him and had no response from him at all in relation to moving out. He has missed a few rent payments also since june.

What can i do. Im due to move bk monday with my children

Help

Also tenant never paid a deposit if that helps me get them out and also tenant signed lease with my husband inly and not me and im the homeowner also

You cannot give a Tenant 5 weeks notice under any circumstances. If you force them to leave you will be illegally evicting them. Missed rent payments and the deposit situation do not change this.

You had better have a backup plan ready.

Would have to be at least 2 months notice from your end.  Seems like a weird plan you have.

The 5 weeks notice you give is in addition to their rights of being served with a legal notice.  There are two legal routes to take, one for when a tenant is still within a fixed tenancy (assuming no break clause) and one for when the tenancy has continued into a second tenancy (whether another AST or the statutory periodic tenancy that comes into force when a tenant remains and no new agreement is entered into).

So for a tenant still within the fixed term tenancy you have to use section 8 terms

If the initial tenancy has expired or been replaced then you need a Section 21 which takes at least 2 months.  The lack of deposit actually helps you because most the the ways of invalidating your section 21 are to do with the deposit not being protected or the procedure for providing information relating to the deposit were not followed.

Have a look at this post to see your options

http://www.propertyinvestmentproject.co.uk/blog/how-to-evict-tenants/