Can I gain repossession of my property? Desperate for advice!

Landlord Discussion Legal
1

Hello. I’m hoping someone will be able to offer some advice.

I own a flat that I lived in myself until earlier this year, when I moved into my partner’s house. At the end of August 2023, I began renting my flat out (AST for a term of 12 months). In October 2023, my partner and I split, which has rendered me effectively homeless. Can I regain possession of my flat?

I thought I could serve a Section 21 in December (i.e. 4 months into the tenancy) with the tenant vacating in February, but it looks as though I can’t do this because the AST is for a fixed term of 12 months(?)

Then I thought I could serve on Ground 1 or Ground 2 of schedule 2 of the Housing Act 1988 (I gave notice of this in the tenancy agreement), however, I’m told by the NRLA that Ground 1 (i.e. needing somewhere to live myself) can’t be exercised before the end of the fixed term. Ground 2, on the other hand, just requires 2 months’ notice - which would be great - but to say that I’m selling the property would be untrue.

I’m so confused, and given my situation I don’t have the money to seek costly advice from solicitors.

Can anyone shed any light, please?

2

Ground 2 is not about YOU selling the property, there currently is no ground for that. Its about your mortgage company selling the property.

I’m afraid that if you can’t come to some arrangement with the tenant, you will have to try to rent somewhere or manage until you can lawfully evict them.

3

The tenant signed a 12 month contract. Def would be unfair for them to be kicked out before then because of your relationship breakup, especially if they have missed no payments and been good tenants. You could try and negotiate with them, they might look for another property, but they may also decide to stay for the full contract.

4

you will have to find another place for yourself . Sadly there is a lesson here which I am sure you now realise. I have rented out in the past to couples who decide to live together and find that is totally different to living apart. Then they split … I mostly rent to singles now… That is tough for you

5

Ok, thank you for clarifying. Lessons have indeed been learnt. More fool me.