Tenant in Breach

[tom999]

A S21 will not remove them until end Jan 2010* (if they actually go).

it may surprise you that tenants don't always leave a property when they should. Sometimes they stay put and you have to go to court to remove them - thought you knew this given posts above...

The reason why I asked is that the tenant cannot be 'removed' on the date* above. Please let me explain:

AST started: Aug 2009
s.21 earliest expiry: Feb 2010 (if valid s.21 served now)
Application for court order: 2-6 weeks.
Bailiffs: 2-4 weeks
Earliest possession: Mar 2010 or April 2010 (not end Jan 2010*)

[islandgirl]

Hi Tom - sorry for the confusion. I meant if they actually go it would be Feb 1st 2010 - in theory that is when the owner would get possession having issued a valid S21. The "if they actually go" caveat was meant to encompass the timescales you helpfully give above. Some tenants will take notice of the S21 and move out as requested - others will of course not.

[tom999]

Hi islandgirl, no need to apologise.

Barch:
(1) If you cannot come to an agreement with the tenant to your satisfaction, s.21 will be best option to give you possession.
(2) Next best is s.8 g8, if tenant owes more than 2 months rent (if rent paid monthly)
(3) First 2 options are mandatory grounds for possession. Non-mandatory (s.8) grounds include g12 & g13:

Ground 12
"Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed."

Ground 13
"The condition of the dwelling-house or any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant or any other person residing in the dwelling-house and, in the case of an act of waste by, or the neglect or default of, a person lodging with the tenant or a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.

For the purposes of this ground, “common parts” means any part of a building comprising the dwelling-house and any other premises which the tenant is entitled under the terms of the tenancy to use in common with the occupiers of other dwelling-houses in which the landlord has an estate or interest."