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Which section to use for an eviction if i have lived in the property.

Started by 1271jamie, February 15, 2017, 10:49:59 PM

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1271jamie

Hi can anybody help.  In 2006 in purchased a family which we lived in until 2009, after which we decided to rent the property out due to my work taking abroad.  I now want to move back into the property with the rest of the family.  The tenants have been really good.  But i now need them to move out but the local council will not re house them until they have be evicted.  Any help would be greatly appreciated.   I am no legal expert I have tried to do some research but confused by it all, is it worth using a solicitor.  I have informed the tenants verbally they need to be out on 01/04/17
Q1 – Where is the rented property located England
Q2 – What type of Tenancy Agreement (TA) is We don't have an agreement has they are friends of the family
Q3 – What date did current TA start 01/08/09
Q4 – How long was initial fixed term (6/12/24 months / other)no fixed term agreed.
Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month.  Rent is paid on 27th of each month
Q6 – Did the TA require a tenant damage deposit to be paid? No deposit was taken
Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy).
Q8 – Does the landlord live in the same property as the tenant.  No

Riptide


steve1000

Section 21 Will give them formal notice to leave the property. But that notice gives 2 months for them to do it.
Since they have always paid the rent you cannot evict them any other way (unless they did something against the tenancy rules.

If they did not have a TA, then they still technically have a standard AST. You need to give them 2 months notice by issuing them with a Section 21 notice.