Eviction notice accepted. What if tenant doesn't move out?

[AmirMahdavi]

I have given my tenant 2 months notice to leave the flat, as he hasn't paid rent for a few months and is now on a monthly rolling contract. The tenant has agreed on the date.

Let's assume I walk into the flat the next day after the confirmed eviction day and he's still there. What can I do? It's rather disturbing if I then rely on section 8 and court, etc., given that he aggreed to move out and now for whatever reason he's still occupied the flat and not moving out.

[westminster]

Assuming this is an AST tenancy, your notice doesn't end the tenancy, nor does it oblige the tenant to vacate at notice expiry; all it does is entitle you to apply for a possession order after notice expiry.

So, let's assume you walk into the flat the next day after notice expiry and the tenant is still in occupation, the tenant can tell you to go away and leave him alone, because he still has a tenancy and exclusive possession of the property.

If you wish to unilaterally end the tenancy, then you must obtain a court order for possession. The only 'confirmed eviction day' is the day that a court bailiff attends to execute a court order for possession.

[daveg]

The tenant has agreed on the date.

How has he agreed to the date? Has he given you written notice that he will be moving on that date?

Dave

[LesleyAnne]

I am assuming the notice you have given the tenant is a correctly written and correctly served Section 21 notice - this is NOT an eviction notice?

Have you taken a deposit from this tenant and secured it in a scheme - if not notice is invalid. Have you provided the prescribed information from the scheme - if not notice is invalid. Did you provide a full 2 months notice, with an expiry date co-inciding with the end of the rental period - if not notice is invalid.

If you have complied with all the correct deposit regulation, notice format and serving requirements, even then your notice does not mean the tenant has to leave. He can agree to go, but unless he gives you formal written notice that he is leaving on XX date, then your notice does not end the tenancy. On the day after expiry, if tenant is still in occupation, you apply to court for the possession order needed to secure return of the property. This is why you notice needs to be 100% correct and served in accordance with requirements, otherwise court will refuse it and you will have to start over with another 2 months notice.

You have no automatic right to walk in on the day after expiry as the tenancy continues until tenant gives notice, moves out or you get a possession order.

[thesaint]

Serve a Sec 8 notice using ground 8.

This way, you only have to give 14 days notice as a minimum, and forget about exact expiry dates and deposit protection intricacies.