Gaining possession during fixed term

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    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).

    Comment


      #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

          Latest Activity

          Collapse

          • Reply to accelerated possession section 8
            by jpkeates
            That's not the same thing, though.

            A section 21 notice accelerated possession claim is one that can proceed without a hearing (although that doesn't always happen). It is a specific process that you elect to follow (or not).

            A section 8 notice will always have a hearing, because...
            18-01-2022, 17:36 PM
          • accelerated possession section 8
            by imranpal
            Is it possible to exercise accelerated possession using section 8 ?

            My solicitor is advising to go with accelerated possession to evict the tenant and once we have court order we can file another court case to collect the rent arrears .

            i was in impression that accelerated...
            18-01-2022, 12:45 PM
          • Reply to Tenancy inspection - more than one inspector?
            by jpucng62
            As a LL who uses a letting agent, I like to look around my properties occasionally in order to ascertain whether I need to be doing anything - I find my views and the agent's often differ! There is no reason to be particularly alarmed by this - I would see it as an opportunity to raise any issues with...
            18-01-2022, 17:04 PM
          • Reply to Property Guardianship services - any experiences?
            by JamesHopeful
            Thank you both. I have now read up about it.

            As far as I can see, there are a number of risks to both the resident guardian and the guardianship company. The former (ostensibly) has very few rights and may end up living in a substandard or even dangerous property; the latter risks getting...
            18-01-2022, 16:46 PM
          • Reply to Tenancy inspection - more than one inspector?
            by mokka
            Won’t care if buying property as I did ...
            18-01-2022, 16:24 PM
          • Reply to accelerated possession section 8
            by imranpal
            as per this blog it is possible If the tenant falls behind with rent, the landlord can repossess the property and cut their losses. After you miss to pay 2 months of rent, the landlord is eligible to use an accelerated possession procedure. If proven the court will grant the order immediately.
            ...
            18-01-2022, 15:30 PM
          • Reply to accelerated possession section 8
            by jpkeates
            There is no accelerated possession with section 8.

            I think your solicitor is suggesting using section 21 to obtain possession and then making a separate claim for the money the tenant (presumably) owes.

            That would be the advice of many people here, provided that you can serve...
            18-01-2022, 13:13 PM
          • Reply to Tenancy inspection - more than one inspector?
            by ash72
            It may be that the LL is making sure the LA is doing their job with their property, rather than checking up on you. Is there any reason you don't want both of them looking at the same time, I would have thought it was more efficient then each come separately.

            You just need to ensure you...
            18-01-2022, 11:04 AM
          • Reply to Rent increase or being served notice
            by ash72
            Just bear in mind, when you are served notice, and don't leave, the LL/ LA will then move towards the courts, once this happens all the costs will then be on the T.

            Your best solution is to communicate with the LL/LA as well as search for alternative accommodation, you will have up to 2...
            18-01-2022, 10:58 AM
          • Reply to Rent increase or being served notice
            by Goodeys
            Many thanks all for your reply. Yeah there is nothing on the market at all really, nightmare.

            I assume they wish to serve me with a S21 immediately as they gave me 7 days to respond which would tie in with S21 being served two months before my tenancy even ends.

            I’ve been...
            18-01-2022, 10:23 AM
          Working...
          X