Hi all,
I’m hoping for a bit of advice
My marriage has broken down and I need to move back into my property with my 2 children.
I have done everything by the book so far with all gas safety Etc.
The tenancy changed to a periodic tenancy in August. I need to move back into the property in January.
What is the process from this point forward?
Thanks in advance
Michelle
Get a good eviction specialist
You would need to give the tenants a section 21 notice. You can do this yourself or hire a specialist if you are not confident dealing with it. This gives tenant 2 months notice to leave. You could wait a bit so the 2 months coincides with when you need it but probably best to give asap as tenants may struggle to find replacement property and risk of rrb stopping s21 notices, unlikely to come in before then but who knows…
It is important to realise the s21 doesn’t end the tenancy, if tenants choose not to go you would need to enforce via courts which would take a lot longer than by January.
Hi @Michelle53
Sorrg to hear that. I’d check your tenancy agreement and consider options, you may actually be able to agree a leaving date by mutual agreement with tenants - more amicable and cheaper and less stressful for everyone and they don’t then have an eviction on their record which would make finding a new place harder for them. And maybe you can tempt /incentive them by saying you’ll be reasonable in getting them their deposit back (if they have been good tenants and you don’t expect to need to deduct much or anything)
But you may also need to consider s21 or other ways to evict them if you think they are going to resist leaving - if so you need to follow all the processes very strictly and there are costs of going to court, bailiffs etc. Check if covered by your landlord insurance and/or any services you are paying for from OR.
In any case you will need to write formally to give notice whatever sort of approach you take even if you do discuss and agree with them verbally first.
Good luck!
whatever you do, do not do this. Do it asap and get an eviction specialist because you will need the very best of advice to ensure your future home is available to you.f
I’m sorry to hear of your situation. It’s heartbreaking.
Thanks all for your advice. I’m hoping I can just agree with the tenant. He does have a ccj on his record so I’m sure he doesn’t also want an eviction notice.
What are peoples thoughts on letting him stay on an extra week without charge? 
It’s just that his last day of tenancy would be 25th December. I can’t ask him to leave then. Was thinking to give him until 5th Jan with no charge for the extra period.
Thoughts?
You’ve not yet served notice but when you do, it’s helpful to have a bargaining chip or two up your sleeve. I’d wait and see how he responds to the notice and then discuss the timing with him. I wouldn’t give away anything without it being necessary. See how he responds.
If he has a ccj, then he’s going to find it extremely difficult to find anywhere else to rent, even if he’s willing to leave. You are probably going to need to evict and at the moment its taking the best part of a year if it requires a possession order and bailiffs. I’d suggest you waste no time in getting help and make alternative arrangements for January.
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