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Free to Evict tenant after they give notice

Started by Nick, April 15, 2015, 02:35:54 PM

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Nick

Hi,

If I have written notice from a tenant that says they will not be renewing their tenancy at the end of the agreement, technically, after the date they can be evicted correct? I don't need to serve a Section 21 aswell do I?

Thanks,
Nick

Nick

i.e. can I move back in the day after the last day on the agreement, having received then tenant's notice.

gls

Hi,
Why don't you call with them for a chat.  All is then clear as to their intentions.

Nick

That is their intention when I previously spoke to them.
They cannot go back against their notice in writing? So I have this on my side?
There is a twist, they are now not contactable.

gls

Hi,
How much time is remaining?  You could write to them or call if you're not too far away.
Is the rent still being paid or have they gone already.

Nick

Basically. The tenant has gone to prison. Prior to that I had it in writing he was going to leave at the end of May. His girlfriend has taken over. She was great at the start saying she'd get all the stuff out, but I can't get hold of her now for some reason, and I need to send in decorators etc.. If I never hear from any of them again can I go back in, in June having got this notice originally from the tenant? The rent will not be paid for May.

gls

Ah that changes things, if he's gone to prison I do believe that the contract is voided.  Is the girlfriend on the contract?  If not i'd go in and do the works needed but don't get rid of any of their possessions yet.
This should pan out ok for you, leave a message for her telling her what you intend and that she has time to come for the things by arrangement.

Riptide

Incorrect GLS. prison does not void an AST.

gls

I'm sorry if I was wrong, please check it out thoroughly but I was sure I was correct.
Apologies if not the case.

The Sheriffs Office

Just a quick line to say that if you do need to go down the eviction route it is worth checking with the local court if there are any delays with their own Bailiffs as some are quoting six months. If the delay is over 6 weeks you may want to consider using S42 of the CCA 84 to use an HCEO. Here's a guide to downlaod that explains everything: http://thesheriffsoffice.com/resources/tenant-eviction-ebook

Nick

If the girlfriend disappears what is the process for eviction? Does his written notice not do anything? What about removing the stuff? I have no sections in place at the moment.

Riptide

Quote from: gls on April 16, 2015, 08:51:08 AM
I'm sorry if I was wrong, please check it out thoroughly but I was sure I was correct.
Apologies if not the case.

It's not correct.  If a tenant goes to prison, on an around the world trip, disappears off the face of the earth, dies etc etc then the AST/tenancy is still valid and eviction would need to be sought.

gls

Fair enough i'm glad to stand corrected.   Life is an education.

Riptide

Quote from: gls on April 16, 2015, 01:40:18 PM
Fair enough i'm glad to stand corrected.   Life is an education.

Sure is, I only know from reading on another forum.

Nick

The original question - If I have written notice from a tenant that says they will not be renewing their tenancy at the end of the agreement, technically, after the date they can be evicted correct? I don't need to serve a Section 21 aswell do I?
Say at the end of the agreement they are not in there but somewhere else but they have left belongings behind. Can I go in and remove all the belongings. Have written notice but no sections in place. Thanks