Gaining possession during fixed term

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    Gaining possession during fixed term

    Hi..I need to gain possession of my house as I am losing my job and need to move back into it (was prev my main residence). My tenant was initially in a joint contract with partner but they have split up. He gave notice and left. When the tenancy was granted I knew the other tenant was good to pay the rent as he had his own business I was unaware that his partner (still in the house) was only on benefits. Having looked into the legalities it appears that I may be unable to gain possession until the end of the fixed term. This will leave me in a position where I will be homeless if I can't get my house back. Section 21 cannot be served during a fixed term and ground 1 section 8 cannot be used until the end of a fixed term. She is unable to move out as unable to afford the costs involved in a new property. What do I do? Council will not re house tenant unless a possession order is granted. I'm stuck!

    #2
    You could offer to pay your tenant compensation (and more) if they agree to an early surrender of the tenancy.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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      #3
      Or if he doesn't agree to compensation then it is tough luck. Find somewhere else to live.

      Comment


        #4
        Just to be clear,

        Originally posted by AliLou1977 View Post
        My tenant was initially in a joint contract with partner but they have split up. He gave notice and left. When the tenancy was granted I knew the other tenant was good to pay the rent as he had his own business I was unaware that his partner (still in the house) was only on benefits.

        [...]

        I will be homeless if I can't get my house back
        have absolutely no relevance whatsoever, I'm afraid

        Comment


          #5
          Technically the partner wasn't in a position to give notice either, but that's no actual help in removing the remaining tenant.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment

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