Tenant on periodic AST gives notice but fails to leave

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    Tenant on periodic AST gives notice but fails to leave

    Suppose a periodic AST tenant gives written notice that he will leave by a certain date and then he does not do so. Can the LL immediately start proceedings for possession or will there need to be a further delay while the LL himself serves notice?
    Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

    #2
    I'm suprised that somebody with your expertise, lawstudent, should be posing such a question instead of answering it! My cynical commonsense tells me that judges being the tenant friendly types that they are, a section 21 notice would be required to be served giving the tenant the necessary two months notice ending on a rent day. It would be nice if I was wrong.

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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      #3
      Pilcher - I am not an expert, but a specialist. Experts know all about a subject; specialists merely don't know about other subjects.
      Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

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        #4
        Well - as I have accused you as being a high court (or maybe district) judge in disguise in the past, may I suggest, m'lud, that in this case you consider that it is acceptable for the landlord to commence court proceedings immediately as you will still give the tenant an extra month to move out if you find that a possession order can be issued straight away as it won't become final until then and said tenant can still appeal.



        P.P.
        Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

        Comment


          #5
          The tenant's having given notice does not appear to be a ground for possession under the 1988 Housing Act, so what would be the legal basis of the proceedings?
          Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

          Comment

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