Also do I need solicitor or eviction specialist?
Please share contact if you can recommend someone.
Well the 2 departing wont want to pay an extra months rent will they?
- I would explain to the two departing that whilst you would prefer to accept it, you gave been told the 1m might not be valid and the father in law could try to stay on as a result. I’d ask them to
A) share the 1m notice with father in law and explain to him he has to move out too as a result and he cant force you to accept other tenants - and tell you his reaction - he may accept he needs to move
B) give you 2 months notice as well (in case 1m version not valid)
C ) ask Shelter for advice on whether the 1 month notice they have given is valid and tell you the outcome
Nrla partners he re
Good luck
The other two tenants have done option A.
But so far it looks like father in law do not want to leave. My concern is if things goes to court and this kind of issue goes against me.
If it goes to court and goes against you then that means the tenancy will have continued and you can pursue the father in law and the other two for the full amount of the rent due.
So the two who have given you the 1m notice should be willing to give the 2m notice too, just in case. Otherwise if the father in law stays and wins at court they have to pay the rent in between and give you the 2m notice then properly.
At the very least the two should be willing to ask Shelter for advice.
You can get your own advice on whether the 1m notice was valid. I’d get legal advice on the process for evicting a trespasser too. Think you must NOT accept any rent or that creates a new tenancy.
And speak direct to the father in law face to face (use a video call if needed). Explain in simple language that after 14 August if he is still there it will be illegal and he will be trespassing and you would have no alternative but to get possession through the courts and evict him using bailliffs. Explain the law says the mother/stepson’s notice ends the tenancy. If he has limited means and the case is doubtful Im not sure he will really try to stay you could offer him a payment to leave.
Ultimately if courts rule the 1m notice isnt valid then the tenancy continues and in due course youll be able to use s8 grounds to evict either ground 10 (discretionary, rent arrears) or ground 8 (mandatory 3 months rent arrears) - because the two who left wont keep paying rent, will they?
Best
I think there is every chance that the court will agree the 1 month notice is valid and although its not a risk free option, sticking with the notice already given is probably your best option and the one I would choose.
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