UK Landlord Forum / Life

Hello, I have a problem. I own a flat in London, but live abroad. The flat in London is currently rented out. My husband signed the fixed term lease agreement in April 2013 until April 2014. After the first agreement expired, he negotiated, but not signed the second contract for 2014 with the same tenants.
I am the sole owner of the flat, my husband is not on the title deeds for the property. We are currently going through separation, and I need to sell the flat asap, as I am in difficult financial situation. I warned the tenants that the flat is for sale (several weeks ago). Now I have found the buyer, the tenants are refusing the move out, even with the 3 months' notice I have given them. If I lose the buyer, I'll be in a lot of trouble.

Can I evict the tenants on the basis that 1) there is no signed contract for the new term rental term; 2) the initial lease agreement has been signed by my husband, who is not the legal owner of the property.

Many thanks!

The short answer is no, you can't evict the Tenants based on your 2 points. I take it you have been happily accepting rent from the Tenants? If so, a tenancy exists.

Can I ask whether the Tenants provided a deposit? If so, was the deposit protected correctly? If so, was the deposit re-protected correctly in April 2014? If you have received a deposit and protected it correctly then you should be able to serve a Section 21 (is that what you've done already?) and then seek repossession after 2 months. If you took a deposit but didn't protect it correctly, then you cannot even serve a Section 21 until that matter is rectified.

Have you considered negotiation with your Tenants? You could possibly - just suggesting - provide them with assistance in finding a new place? You said it right when you said you'll be in a lot of trouble if you can't get vacant possession for the sale and the new buyers require this. Try to add it all up and what incentive you might be willing to offer the Tenants.

Ummm, so a fixed term of twelve months has ended and gone periodic surely?

On that basis, provided the deposit all done right, you just issue a sec 21, two months notice from the date in the month the tenancy signed, jobs a good un?

Unless they signed till April 2015, and you  or ex hubby haven't, then it gets more complicated, but still not impossible. It would then go to court I suppose and them when they couldn't provided a completed contract till April 2015, they would have to go.....

As Hippo says though, I think negotiation is key with the Tenants to get the most favorable outcome. You need to go see them, take a calm friend, one who perhaps is not going through a divorce and is likely to be emotional, to help negotiate a way out of this.

Good luck, and remember, they cant hang you for any of it!