Need help with first time repossession
Possession - Section 8 and Section 21

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7 Posts
10 years ago
First post here so Hi everybody

I have used the RLA AST contract. With regard to the notice to tenants it reads

If, at the end of this time, you want to continue the tenancy and you have not already received from us two months’ notice to end the tenancy, it will carry on from month to month as a monthly contractual tenancy. You must give one month’s notice to end it. This notice must end on a rent payment day.
3 This agreement is an assured shorthold tenancy (as defined in section 19A of the Housing Act 1988). The arrangements in section 21 of the Housing Act 1988 for the landlord to repossess the property apply to this agreement. This means that you cannot claim any legal rights to stay on once the tenancy has ended and a court order says you must leave. The landlord giving a section-21 notice must give at least two months’ notice, in writing. For more information, you should consult a housing advice centre, solicitor or citizens’ advice bureau who will tell you what this means.

The 6 months fix term expired June 2012 so it is a periodical tenancy.

I have now to give notice. Rent is paid at the beginning of the month

From what I read in the contract I believe I can give 4 weeks notice.

The tenants wrote me in an email back in July 2013 they were going to leave on the 1 of november 2013
I wrote to the two days ago to gain access to the flat (book estate agents thinking to sell) and they are now shocked I am selling as they did not mean to leave after all!

Do I need to serve Section 21?
I believe I must serve it tomorrow and give two months, which to be honest is very annoying as I was expecting to have the flat free 1st of November.

The tenants are very awkard to say the least and are acting as it was my decision to have them out and are asking me if I want them out on such date. Hope it make sense (they dont make much sense to me)

The question is, can I use the email they wrote to me as their notice?
Do I have to serve a section 21 and give 2 months? ( I believe is my best option even if delaying may cost me a property I want to buy)

Pls advice on course of action as this is the first time I am asking someone to leave in 10 years
Many thanks

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