Section 21 not valid

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    Section 21 not valid

    Hello,

    I have recently acquired a pub, in which the chef lives in flat above the building, which I own. We have had to make him redundant so want to ask him to leave the tenancy, but I am struggling to know how to do it.

    It was the old owner who agreed with him he could stay in the flat above, but they never created a written tenancy agreement or went through proper procedures. I know normally section 21 would be given for 2 months notice, but when reading about it a section 21 notice can not be used if they were not given gas certificated and renters guide when staring, which I know they weren't.

    Where do I go from here if I can't use a section 21?

    Thanks

    #2
    Should also add - I’m not sure if under law he comes as a tenant or a lodger, there is a locked door from our bathroom that leads into his flat, and he used the main entrance as his way in and out, whereas we have to come through a door into the pub. Does this change his rights/length of notice?

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      #3
      Start by working out what occupation type he has. Does he pay rents, is living on site essential to do his job (I would say no), etc.

      https://england.shelter.org.uk/housi...rights_checker
      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

      I do not answer questions through private messages which should be posted publicly on the forum.

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        #4
        Hello,

        Just checked and he comes under a service Tennant, which when it says about eviction them mentions again about using a section 21 to evict them.

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          #5
          Get a gas safety certificate done now. (Does he have his own boiler or is heat/hot water from a central boiler somewhere in the premises.) Give him a copy of the certificate, the S21 notice and How to Rent 2019 now and give him these or put it under his door and photograph with your phone this action as proof of service. I assume he did not leave previous landlord a deposit? If so refund that too.



          Freedom at the point of zero............

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            #6
            Did his employment contract say that he has to live in the flat upstairs or that it would be easier to do the job if he did? If not then I think its probably an AST and you would not be able to use s21 to evict for the reasons you've stated. You could try S8 g16, but its discretionary and you may not win. If you wanted the property for yourself or your family, you could also try s8 g1 which is mandatory if the court is convinced that they should dispense with the requirement to have notified the tenant in advance that the landlord may wish to occupy. Probably best to get some specialist legal help on this one.

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