Taking back possession while on AST

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    Taking back possession while on AST

    I have tenants in a property on a 12month fixed term contract, only four months in. Due to a relationship breakdown, I need the house back to live in. I've been searching the web and think I can do this on a section 8. Is that right? Would I actually have to go to court with it? Would the tenants? And would there be any negative impact on them as it's considered an eviction?

    #2
    You can't. Amongst other requirements, order for possession under section 8 ground 1 may only be made after the end of the fixed term.
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

    Comment


      #3
      but this says they can...?
      http://www.landlordzone.co.uk/content/section-8-notices

      Comment


        #4
        That article is a generalisation, but more importantly talk about possession under section 8 for breaches of contract by the tenant. A breakdown in your relationship is not a breach of contract by your tenant.
        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

        I do not answer questions through private messages which should be posted publicly on the forum.

        Comment


          #5
          Well no, obviously not. But there are grounds to choose from under the act and section and one is that the landlord wants to use the house for their main residence again. How would you use that then, if it doesn't come under section 8? Because section 21 doesn't need a reason.

          Comment


            #6
            For that to be valid, you need to be outside the fixed term and have formally confirmed before the tenancy began that this was a possibility.

            In the absence of a break clause, the only (realistic) ways to recover your property within the fixed term is if the tenant stops paying rent or to agree with them that they will surrender the tenancy early (which normally requires a large financial incentive).

            You simply can't do what you want to, otherwise.

            It would be decent of you to let the tenancy know that you won't be in a position to extend their lease, so they know that they're not there for the long term.
            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


              #7
              Bottom line, and to reinforce the responses you have already received:

              - It is tough luck
              - You have a contract, S8 simply does not apply here in any actionable way

              You either have to rent yourself, or offer the tenants some inducement to sign a deed of surrender (e.g £3000 in cash). You will probably find it cheaper to rent yourself (unless the tenants actually want to move earlier).

              Comment


                #8
                Look at it this way, which is your legal stance.

                You have signed a contract to supply accommodation for 12 months.
                This is a legally binding contract.
                YOU will be breaking that contract if you try to get the tenants out, before the end of the contract.

                No point in having contracts, enforceable by law, and no point in having laws if you can just break a contract, and if you could just turf out your tenants, then no need for contracts ( A.S.T.)
                We would just become a third world country, where tenants and landlords just "Disappear" without a trace !

                As advised above, tell them that you need your house back, offer incentive, but if they wish you to observe Your contract, they are entitled to do so.

                Comment


                  #9
                  Yes that's what I thought with a fixed term contract. Only once that grounds popped up when I was looking at the housing act, it confused things.

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