I accepted written notice within the AST for them to leave, and now they don't want to leave

Landlord Discussion Legal
1

After I found out the references were false and the Guarantor document forged the tenants wrote to say they were leaving and gave written notice. That time has come and now they don’t want to go.
I read that they can not withdraw the Notice without my agreement, and I am not giving it. I will need to seek possession.
Does anyone know on what basis I make the application?

2

You may not have to go to court at all as their tenancy may end and they may become tresspassers if they remain, but it depends on a number of factors:

  1. Was the tenancy in the fixed term or periodic when they gave notice?
  2. How many tenants are there and did they all sign the notice?
  3. Was the notice valid - ie in line with the tenancy agreement or a minimum of a month expiring on the last day of a tenancy period?
  4. What exactly did the notice say?
  5. Did you write back to them following the notice and if so, what did you say?
3

I have the same problems with the tenant, even given them 6 months notice after S21 expired as they requested to extend time to search their alternative accommodation, ending up with unpleasant conversation. I will have to go through the legal procedure to evict them out. Just been too soft and was trying to help them out a bit! :worried:

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5

Hi David,
Good questions …

  1. Tenancy is 2 year fixed term and fraud found within 3 months.
  2. Both tenants signed the notice.
  3. notice was valid in form of handwritten letter dated 8 May saying last day of occupation would be 8 July.
  4. The letter didn’t acknowledge the fraud but said they were unhappy and were leaving.
  5. I did not reply as the letter did not require me to.

So I think the issue would be is that if the notice is valid and they have stayed what is the “ground” I would seek possession via the court?

6

The notice is not valid unless your tenancy agreement allows service of notice within the fixed term. A landlord is on some occasions allowed to accept an invalid notice, but you have to write back to them formally accepting it and reiterating their leaving date. That moment has passed Im afraid.

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7

Useful to know - learning lots today!