Section 8 and Section 13 Form 3A and 4A

Landlord Discussion
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I think I screwed up :frowning: I sent all the documents to my tenant before May 1 to take possession of my flat and gave her 4 month window to move out rather than 2 month. Stupid me did not realize that I had to start court proceedings by July 31st, I honestly believed she would move..Stupid me.

So, now I have to start the process again and send form 3A to reclaim my house. At present I am in the US and want to move back home. From my understanding I need to give her 4 months notice which will then be Dec 24th before I can start court proceedings if she does not move out, correct? She has to give me 2 months if she wants to move out early, correct? I will be also sending her form 4A to increase rent and that needs to be from Nov 15th and that is 2 months out from today, correct? I am under market and will be raising it 5% and still under market.I would just like to clarify what I am doing is correct? Thanks for any guidance.

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@Nicola16

Is property in england?

Correct Section 8 ground 1 (moving back in) or 1a (selling)is 4 months notice. You cant use it to expire within first 12 months of tenancy for these grounds

Guidance here

If you anticipate then having to go to court, make sure tenant knows they will end up having to pay your costs. That may encourage them to leave

Worth considering getting an eviction expert- as you found easy to get wrong and then have to start agsin

I assume they are still paying if you are proposing a rent increase?. Remember that can now only be done via s13 process (form 4a).

Good luck

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Yes, November is two clear months’ notice from today if the rental period is the 15th.

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