Quick question please - Our Tenants, Mr & Mrs Smith lived in our BTL for 5 years and were great tenants. In January this year, they split up and Mr Smith wanted to stay at the house. Both parties signed a Deed of Surrender, then Mr Smith was given an AST for himself only. However, in February this year, he was taken ill and hasn’t paid any rent since. I have served a S21 and the correct time has now lapsed enabling me to start the accelerated court procedure for possession. Question: Under the question, when did tenant take occupation - should I state in January 2025 or 5 years previously. I think it would be a little complicated if I give the latter answer, so should I just treat him as a new tenant, with new AST and new deposit, etc in January 2025??? Thanks
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Get yourself a solicitor. For the sake of saving a bit of money, a mistake on this or any other question, if “Mr Smith” and picks up on it, (or the judge does) you’ve just wasted a good 6-12 months on the notice period, waiting for the court possession hearing and eviction.
If you have any doubts, get a solicitor. Take it from one who knows. It will end up costing you a lot more if the tenant continues living there rent free. I hope that you gave him all of the prescribed information and other relevant documentation that are prerequisites to issuing a S21.
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