Landlord needs to take possession

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  • Landlord needs to take possession

    Scenario : tenant in house, six month AST ended & rolled over to Statutory periodic tenancy 3 months ago.
    The house is owned by my landlord who wants possession because he is in the process of getting divorced. He has asked if I want to buy it, which I don't, but also don't really want to move.

    From the information I have found on here he can serve me a 2 month notice, but only if he wants to live in the property. Is this correct? & if he wants to sell the house will I therefore be able to stay?

    Thanks in advance. Mick

  • #2
    Originally posted by mcrowbo
    From the information I have found on here he can serve me a 2 month notice, but only if he wants to live in the property.
    Very selective reading going on there.

    If your landlord requires possession of his property, he can issue a section 21 notice giving you a minimum of two months’ notice to end at the end of a rent period. A section 21 notice does not require any reason for it to be issued.

    The matter can pan out in a number of ways:
    1. Your landlord can issue a section 21 notice and subsequently obtain a court order for possession of the property, if you do not leave voluntarily.
    2. Your landlord can issue a section 8 notice citing ground 1, which means the landlord used to live at the property and now wishes to return. Again this requires a court order, if you do not leave voluntarily.
    3. Your landlord can sell the property whilst you remain a tenant.
    4. You can leave voluntarily.

    Comment


    • #3
      Originally posted by mcrowbo View Post
      From the information I have found on here he can serve me a 2 month notice, but only if he wants to live in the property. Is this correct? & if he wants to sell the house will I therefore be able to stay?
      Where does this 'if he wants to live in it' come from? (apart from this site - I've seen the same advice on CAG and I don't recall seeing anything like it in the housing act)

      As far as your question is concerned, he can serve you with two months notice to quit for no reason at all but the notice has to be in the right format and he can only evict with a court order once the notice has expired

      Comment


      • #4
        No, providing you are outside of any fixed term, and any protectable deposit has been protected, your landlord can give you 2 months notice under section 21 of the 1988 Housing Act. The notice should end on the same day of the month as your original tenancy agreement did. You are within your rights to stay after the notice expires, if you do so the landlord will have to obtain a court order for possession. Most tenancy agreements make the tenant liable for any costs involved.

        Comment


        • #5
          Originally posted by Poppy View Post
          Your landlord can issue a section 8 notice citing ground 1, which means the landlord used to live at the property and now wishes to return.
          Originally posted by bedlington83 View Post
          Where does this 'if he wants to live in it' come from? (apart from this site - I've seen the same advice on CAG and I don't recall seeing anything like it in the housing act).
          Here's ground 1 in full. Read.

          Not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground or the court is of the opinion that it is just and equitable to dispense with the requirement of notice and (in either case):
          (a) at some time before the beginning of the tenancy, the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them occupied the dwelling-house as his only or principal home; or
          (b) the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them requires the dwelling-house as his, his spouse’s or his civil partner's only or principal home and neither the landlord (or, in the case of joint landlords, any one of them) nor any other person who, as landlord, derived title under the landlord who gave the notice mentioned above acquired the reversion on the tenancy for money or money’s worth.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


          • #6
            Thanks Jeffrey. Of course, if I'd read Poppy's post properly I wouldn't have needed to ask the question. Sorry.

            Comment


            • #7
              To help, here's my summarised version of ground 1:

              1. This ground applies if L satisfies two conditions.

              2. The first is that either:
              a. L notified T before the tenancy began; or
              b. the court agrees that it's fair for L to use the ground.

              3. The second is that L (or one of joint Ls) either:
              a. occupied the premises as an only or principal home; or
              b. requires the premises as an only or principal home for L or L's spouse/civil partner and the premises were not purchased by L (or one of joint Ls) nor anyone else deriving title from whoever notified T under 2a.
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

              Comment


              • #8
                Thank you to all who answered - better start looking..

                Comment

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