Formal way to "ask tenants to leave"?

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  • kelbol
    started a topic Formal way to "ask tenants to leave"?

    Formal way to "ask tenants to leave"?

    What is the proper and formal way to ask tenants on a periodic contract to vacate a property if you're on good terms with them and they've been paying the rent on time, etc?
    Is it a notice to quit?
    The term eviction to me sounds like when tenants are not paying the rent or you want to forcibly kick them out. Would it be the proper term to use in the above case? S21, S8 etc seem more appropriate for this type of eviction...

  • MdeB
    replied
    Originally posted by kelbol View Post
    The term eviction to me sounds like when tenants are not paying the rent or you want to forcibly kick them out.
    Eviction is when you ask for your property back, tenants refuse, and you go through the court and bailiff process.

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  • MdeB
    replied
    Originally posted by kelbol;

    What about this notice to quit for LL? Nobody uses that?
    Notice to quit has no effect under an assured tenancy

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  • jpkeates
    replied
    Talk to them and tell them that you want/need them to leave.
    Explain that you will have to serve formal notice at some point, but you want to give them longer than the short amount of time a formal notice gives them.

    A s21 notice has to give a minimum of 2 month's notice, but expires after 6 months, so if you serve it now, you have a deadline and it's more stressful for everyone.

    However, there are only two notices a landlord can give a tenant to formally commence the process of ending a tenancy and they are notice under section 8 and 21 of the housing act 1988.
    Without grounds, section 21 is the only option.
    If the tenancy is recent, use Form 6a.

    Your notice doesn't end the tenancy, but it does allow you to go to court for possession if the tenant doesn't leave as requested.

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  • leaseholder64
    replied
    You only need the section 21 if you think they may refuse to leave, or may be unable to obtain suitable alternative accommodation sufficiently quickly.

    The former because you will need it to be able to take court action. The latter because it triggers a limited amount of support for them from the council (but don't discuss this with them, as there must not be any collusion to obtain that support).

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  • kelbol
    replied
    Originally posted by leaseholder64 View Post
    Section 21 is the formal way of removing an AST tenant when they are not at fault. One of the current problems with it is that it is often being used instead of section 8 grounds (not all of which actually involve fault).

    You don't need to do anything formal, apart from accept their surrender, if they will respond well to an informal request.
    Well, the S21 is pretty formal.
    OK, looks like this is the way to go.

    What about this notice to quit for LL? Nobody uses that?

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  • kelbol
    replied
    I did plan on a friendly letter but still need the S21? I always associate it with tenants who don't pay or don't want to leave. Never seen any other forms though (except S8)...

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  • leaseholder64
    replied
    Section 21 is the formal way of removing an AST tenant when they are not at fault. One of the current problems with it is that it is often being used instead of section 8 grounds (not all of which actually involve fault).

    You don't need to do anything formal, apart from accept their surrender, if they will respond well to an informal request.

    Leave a comment:


  • JK0
    replied
    I'd send a friendly letter mentioning that you are attaching a s21 notice.

    Leave a comment:

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