Want to sell property

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    Want to sell property

    I would appreciate some advice please.

    We have a tenant on an AST running concurrently. We would like to sell the property but believe it would sell better empty. What grounds should we use to evict her? She isn't a bad tenant as such but to be honest we would prefer to get out of the 'landlord' situation now.

    We have had to pay for a lot of repairs to the flat since she has lived in it, repairs which seemed to have been caused by her being 'heavy-handed' (she has somehow managed to break every light fitting, broken THREE oil-fired radiators (which an electrician told us was virtually unheard of), caused every single tap to loosen and wobble, broken the bathroom light pulley cord twice, broken the Yale lock on the front door and broken the garage up'n'over door). I share my home with three men, two of whom are teenagers, and we don't seem to create the maintenance that our tenant and her teenage daughter do.
    Now with the new law over deposits, we just feel that we no longer want to be landlords as the law seems to be so heavily weighted on the side of the tenant.

    What grounds should be used to evict her in order to claim the property back for selling it? Any help would be appreciated.

    #2
    What do you mean by a concurrent AST? Do you mean a periodic tenancy - in other words, one that automatically happens after the fixed term agreement expires?

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      #3
      Did you serve a Section 21 at the beginning of the tenancy. If you didnt you better sever one now, but you'll still have to probably wait 2 months.

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        #4
        Originally posted by Beeber View Post
        What do you mean by a concurrent AST? Do you mean a periodic tenancy - in other words, one that automatically happens after the fixed term agreement expires?
        Yes, I mean that she was on a 6 month AST but when that period ended, the tenancy continued to run without issuing another tenancy agreement.

        Sorry , didn't make that very clear, did I?

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          #5
          Originally posted by jai View Post
          Did you serve a Section 21 at the beginning of the tenancy. If you didnt you better sever one now, but you'll still have to probably wait 2 months.
          No, we didn't issue her with a Section 21 at the beginning. I have a book detailing all the grounds for eviction but I'm not quite sure what grounds I should be looking at for this; that is, getting her out FIRST in order to sell the property.
          Is Section 21 appropriate?

          I should perhaps mention here that she receives Housing Benefit to pay her rent (which comes directly to me from the council) so I am aware that everything has to be exactly right before the council will accept an eviction notice and re-house her. I don't want to stuff it up!

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            #6
            [QUOTE=fernygurny;39102]No, we didn't issue her with a Section 21 at the beginning. I have a book detailing all the grounds for eviction but I'm not quite sure what grounds I should be looking at for this; that is, getting her out FIRST in order to sell the property.



            In your circumstances you do not need a reason to get your property back.
            Just issue a S.21, no reason or justification needs to be given.

            At the end of the notice period, the tenant should leave and you will have your property back.
            If the tenant does not leave then you will have to get a court order.

            The council re-housing the tenant is not your problem.

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              #7
              [QUOTE=fernygurny;39102]No, we didn't issue her with a Section 21 at the beginning. I have a book detailing all the grounds for eviction but I'm not quite sure what grounds I should be looking at for this; that is, getting her out FIRST in order to sell the property.



              In your circumstances you do not need a reason to get your property back.
              Just issue a S.21, no reason or justification needs to be given.

              At the end of the notice period, the tenant should leave and you will have your property back.
              If the tenant does not leave then you will have to get a court order.

              The council re-housing the tenant is not your problem.

              Comment


                #8
                Have a look at the advice on the Shelter website given to tenants who apply to their local council as homeless and the assistance they may give them.

                Also, search this forum for similar articles.

                http://www.landlordzone.co.uk/forums...light=homeless

                This will give you an idea of the steps the council makes the tenant go through. You may find that the council advises the tenant to stay put until a court order is sought by the landlord following the expiry of the S21.

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