I’m having trouble getting my tenants to move out of my home. I came back to my home town as my Mum is having treatment for breast cancer. I gave my tenants a polite Notice to Quit in February 2019. They are contesting that I have given them an invalid Notice to Quit. Please help. I’m broken by their response.
The most straight forward one is the Section 21 notice but you would need to have served them the Form 6A, giving them two month’s notice after the expiration of the fixed term, assuming that you have an (AST) agreement with your tenants. Also you need to have performed all the necessary obligations, such as protecting the deposit within 30 days of receiving it and providing your tenants with the PI (prescribed information. Not having any notice from the local Authority to carry out repairs before you serve the notice (Form 6A) (or your claim would be classed as retaliatory) Giving them the CP12 (Gas safety cert) and EPC ( energy efficiency performance cert) on or before the actual move- in date. If you have not done these, you would need to return the deposit to them (please seek further legal advise) * I am not a lawyer but I have substantial experience on evictions…*
If you are lucky that they leave within the two months all you pay is the (£355.00 - may have been updated) for court application and you can request the court that the tenants pay court fees.
The alternative is to serve the Section 8 where there is sufficient evidence that your tenants have breached the tenancy agreement . There are seventeen grounds and you will need to have very strong evidence to prove your case…
Thank you! Your advice is invaluable.
You’re welcome. I wish you good luck with the service . If tenants refuse to leave after the two months, proceed to N5B (£355.00) court fee.
Feel free to get in touch if you need further assistance… Also your buildings insurance (legal cover) should be able to give you some advice by their legal advicers, if needed