Ending A Shorthold Tenancy Agreement

[pinkjudy45]

We have a property we rent out, the couple have just split up, (she is left in the property with the baby), the rent does eventually get paid, but I now would like to get the property back, due to the fact my niece needs a place to live urgently, is there a way if getting this tenant to move out quickly

[pinkjudy45]

Are you saying 'naval' that if we give the correct notice we can end the tenancy earlier than the 12 month agreement?

[Peter Pedant]

yeah ask them

and then look at the tenancy agreement. If it is 12 mo fr'instance then YOU are stuck until the 12 mo is up but they ( depending on the contract ) can give a months notice.

BUT or AND.... it could be a lease that has run out - and everyone has just continued.... in that case it is called 'run on' and the period of the lease is the space between rents. If the rent is paid monthly, then he period is monthly....

you need to serve a s 21 notice on them and give a date for termination at least eight weeks in advance. SO do it today and the date is May 31st.
You must NOT tell them the date you want the house ( June 1st ) but the date on which the tenancy ends. May 31 st.

and then on June 1st you need to apply for a court order which will be done within a few weeks as your application cannot be refused...

It is easier to go and see her and say look you are having difficulty with the rent - have you thought of moving ?

well you asked .... and that is what you do.

[Peter Pedant]

No Judy if naval IS saying that then he is wrong

You are stuck with 12 mo - however the tenant depending on the contract will be able to end it earlier ( usually one month )

[Peter Pedant]

I mean the real answer to your niece is
No I do not have a property - they are all let.....

[pinkjudy45]

Thank you everyone for the advice, at least I know how to proceed now

[tamborine]

Give months notice of rent increase. Make the rent much more than DSS rates to get a quick vacancy.

[tamborine]

Cant increase rent on fixed tenancy but can on shorthold.

http://england.shelter.org.uk/get_advice/private_renting/costs_of_renting/private_tenancies

[themas]

The tenancy is shorthold. If it is in the fixed term you cannot evict unless the tenant breaches the terms - e g by rent being 2 months or more in arrears. If the fixed term has ended and the tenancy is periodic then you can evict by giving 2 months notice (Section 21 notice, as PP says).

Your alternative is to negotiate with the tenant, but they may well not be prepared to leave.

You cannot just put the rent up.

If you want more detailed advice contact Shelter or visit your local CAB.

[DaisyNonna]

The niece urgently needs somewhere to live.
What about the young woman with the baby?

[Peter Pedant]

The woman with the baby ?
with the facts given the local council are obliged to rehouse as she has a child under five and has been evicted thro no fault of hers

the woman needs to make sure that the rent account is paid at the time she contacts it. [ past arrears give no cause of action, eighteenth century case -and I am pretty sure it is carried over to this area of law ]

[themas]

PP -

The Council will want to be certain that the tenant is being evicted lawfully. As so often on here we don't know the full facts, but the landlord needs to be certain that what they do is lawful as illegal eviction is a criminal offence.

Could you elaborate on your comment about rent arrears? You seem to be saying the rent must be up to date when the tenant applies to the Council for housing but that past arrears are irrelevant. Is that what you mean? If so, I'm not sure the Council would see it that way. The Court could - under assured shorthold law - order eviction due to persistent rent arrears even if there are none at the Court date. I suspect the Council wold treat that as intentional homelessness.