HELP: I NEED MY TENANT OUT.. Hilary Messer, Senior Associate - Litigation Team Advertising Feature Last year tonants reportodly pad a rocord £50n in rents. With home ownership at County Court possession proceedings ether undor the accorated or standard a 30 yoor low, t in 4 households may be renting by 2021. The logislativo balance ceduro. remains in favour of tonants, following Rachman the notorious 1960s and 60 andford whose name became synonymous with gnoody landlords Today as a private landiord you could be in for a shock if you neod to got you peopony back from your tonant. For a non-osident landords granting an Assured notice to got dabes right. This is cucial: i Shorthoid Tenancy (AST) to thoir tonant, it should be straightlorwand but there are not give you possession mps for the unwary How do you end an AST? An AST ghes cortainty. You know the tonant has to pay their ront and bohave for alt least 6 months (the Tem Your tenant knows if they pay their rent and bohave they can stay for at loast 6 montes. Howeer, at the ond of tho To you cannot force your tonant to leove: it's a criminal offenco to ovict anyone (squatiors ncludodh from rosidential property without a court ordor. You have the right to regan poses on you gvo 2 months, notice under the Housang Act 198804A). caled a section 21 notioe Onco expirod, if your tonant has not iot, you an startyou canot give a vald soction 21 notice. That means you cannot begn possessor, procoodngs. without more·Yo, can romedy the stuation by giving the proscribed nfommation and certifcates. Howover you falod to pay the dopost ino TDS or gve proscrbod nfommation in tme, you noed to repay the depost to the tonant belore you can gve vald notico. That w be pretty galing if the tonant is in arrears anyway! Even then you aro not home froe: you may be lable to a fnancial ponal section 21411) of the HA When should I give a section 21 notice? It you want to get your tonant out at the frst opportunity, gve your soction 21 notice n good tmo toexpre t the end of the Torn Use the pre abod torm of t you oet the dates wrong, the Cout wlte coth What if I eannot give that nobice? ity of 1-3 times the dapost under t your tonant's deopost by paying it into an authorised tonancy dopost scheme (TDS) or You may be ablo to give notico under section 8 of the HA instoadl. This provides a procedure to terminato an AST f you moet one or more of the grounds for possession. i you can only rely on rent arroors which are then paid by the date of the hearing you mary well find the Judge retues possession and you oro back to squire ono provide prescrbed information folowing recoipt ofthe dposit or provida tho How to Ront guidanon gas cortilicate and onerg protection certicne Gardner Maidenhead Office: First Floor, 7 Frascati Way, Maidenhead, Berkshire, SL6 4UY Contact Hilary Messer, Senior Associate Gardner Leader-Maidenhead Otfice Litigation Team Leader Telephone: 01628 671636 Email: info@gardner-leader.co.uk www.gardner-leader.co.uk T: 01628 502894 E: hmessergardner-leader.co.uk