My Next Step S8/S21 & Long Story - Please Help!

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    #16
    Originally posted by Bhudda_Of_Disturbia View Post
    Also what if I can't prove she's not there such as neighbour won't witness or she's living with family and leaching off of them so has no fixed abode as it were?
    Well, if she is no-fixed-abode then your property is obviously her primary residence - therefore the agreement IS an AST so you will need s8 or s21.

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      #17
      Ok Snorkerz, I kinda see where you're going with this now.

      Originally posted by jeffrey View Post
      c. is read literally- subject to the Protection from Eviction Act 1977- so L can enforce it strictly.
      I take it L Can enforce it strictly means the landlord can gain access and secure the property?

      I hear you on the legal advice but I just want to get my head around this. I have to prove she's not there, if she isn't I can ( after giving notice) gain entry and change locks.

      What would be sufficient notice " I require possession of this property, you must vacate it in x weeks", or is there some standard format that is required?

      However, if she is there, or not anywhere else ( IE well under the radar) then I will have to follow the S8/S21 route, as I can't prove she's not there?


      In all honesty, given that she's checking mail etc then I don't think she will go without that eviction notice, as it is a meal ticket for her.

      Many thanks or your patience and advice so far - this is new to me so it is greatly appreciated.

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        #18
        Originally posted by Bhudda_Of_Disturbia View Post
        I take it L Can enforce it strictly means the landlord can gain access and secure the property?
        That is how I understand it - you might want to use a commercial bailiff firm to do the deed - there are some advertised in the 'directory' on LLZ

        Originally posted by Bhudda_Of_Disturbia View Post
        What would be sufficient notice " I require possession of this property, you must vacate it in x weeks", or is there some standard format that is required?
        It has to be 4 weeks according to the PfE clause I posted above. A letter would be fine - but I'd get someone to witness delivery. In the letter I would include a reference to the fact that the tenancy is no longer an AST and that section 8 & 21 do not apply - that way, if she waves it at the council they will at least be put on notice that this is happening NOW - not in 3 months time once the court order has been issued.

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