Repossession of dwelling - emergency coronavirus bill

Hi there,

Would the 6 month eviction rule apply to a Section 8, Ground 1 repossession of dwelling?

The AST ends in December 2020 and I’m looking to move back into what was once my principal home due to the impending sale of my current home. When is the soonest I would be able to take possession if the tenants decided not to move out by mutual agreement?

I do have a Section 8, Ground 1 clause in my AST however not sure about its validity under the current climate.

Many thanks

Justina

Hi Justina

The covid rules supercede your AST so the 6 month rule still applies. After 6 months if the tenants dont leave at end of the notice you would need to get a court order which will take several months to actually evict them.

Thank you,

If I gave the tenants notice immediately, would the 6 months notice start from today or from the expiry of the AST (December)?

It would start from today

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Thank you for the swift responses!

If my tenants have verbally agreed to move out of the property within six months, is it still advisable to serve them with any paperwork? If so, is there a template here on Openrent I can use? Thanks!

Serve them the paperwork . you CANNOT rely on their word

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Would you happen to know how is best to serve notice to my tenants? They seem co-operative and have not objected verbally but I would like to cover my back just in case.

I’m not sure if I need to serve a Section 21 6a or Section 8 Ground 1. I am looking to move back into the property myself and the tenancy officially ends in December 2020. Thanks.

Hi

I believe a s21 would be best as they can’t be contested. A s8 is primarily used within fixed term so if notice ends after fixed term a s21 should be fine.

Brilliant, thank you!