Repossessing UK home whilst tenants have an assured tenancy

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    Repossessing UK home whilst tenants have an assured tenancy

    Hi, my family and I emigrated to Australia in May 2013 (we let from March 2013 to iron out any snags), tragically my young niece died suddenly in January from meningitis, we came home for 3 weeks to be with family and help arrange the funeral etc. Upon return and after a few weeks reflection we have now decided that it is best to return home permanently as some members of my family are not coping well. The only major snag is that we have tenants in our house, they had an initial 6 month lease and then we agreed to a further 2 years, they are 8 months into the 2 years.

    We asked our agent to put our reasons for returning home to our tenants along with an offer of their last months rent free (925 GBP) along with a preferred repossession date of 1st June, although we would be flexible and finally our sincere apologies for asking. The reply was a 'maybe' if we covered their entire moving expenses, and only then if and when they found suitable alternative accommodation. 3/4 bed houses in Bournemouth are not cheap and easy to come by.

    My question is, does anyone have any experience (good or bad) with repossessing a home using section 8 of the housing act? i.e. removing sitting tenants on an assured tenancy. We would be looking for a judge to look favorably on our case given our unexpected return and subsequent need to return to our house.

    Finally the agent does seem to be self serving, obviously he is going to miss out on over 1000 GBP fees and suspect some details of our reasons have not been conveyed. As there has been quite a lot of to'ing and fro'ing we have asked him to summarise our request in writing for us to review and then for send to the tenants.

    any help advice appreciated. A

    I would forget about legal routes while the tenants are in the fixed term. They are paying the rent aren't they?

    If you really want your house back... grovel and be prepared to pay maybe 3 months rent back.


      Unless you included being able to use s8 g1 as a reason for repo of previous family home, IMO s8 is a non-starter during fixed term, without 2 months rent owing (g8)
      Did you at least include a valid 12 month break clause in current AST?
      The Ts offer& JK0's suggestion is not unreasonable for a mutual surrender. I would suggest offering 2 months rent (to cover deposit return + new LA admin/ref charges and removal costs, payable when they sign a Deed of Surrender on last day, if they are prepared to vacate by 1st June
      You will prob also have to pay your LA his contractual dues


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