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How do I evict a tenant who has refused to leave after being given notice?

I am waiting to complete on a property I wish to buy, with a tenant who has been given her notice but doesn't wish to leave. I have agreed a price, had a survey and will complete on vacant possession, but the owner is vague about how long this will take. What happens next and how can the move be expedited if at all? I don't wish to commission a solicitor if the deal may fall through.

Asked on Dec 19 2010, Renting in London | Report content

Answers (2)

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  • If notices have been served correctly, the next step is to obtain a court order for possession by filing an accelerated claim for possession through the courts. This can only be done if the tenancy is an Assured Shorthold Tenancy, and a Section 21 notice was correctly served. There are several other ways that possession could have been sought so this may not apply. The important thing to note is that possession can only be obtained via a court order if the tenant refuses to leave. It may be a good idea to liase with the current owners estate agent and find out what is being done about this.

    Answered on Dec 20 2010, Report content
  • In this situation, the Landlord (or Landlord's agent) has probably served a Section 21 notice to formally tell the tenant that they need to move out. The fact that the tenant is not keen to move is largely irrelevant as under the terms of their contract (assuming of course that a valid Assured Shorthold Tenancy agreement is in place) they are legally obliged to do so. In most cases the tenant will move out on the due date as agreed. In the rare instance that they refuse, the Landlord will need to apply to the court for an Accelerated Possession Order – this cannot be done until the original Section 21 notice has expired.

    Answered on Dec 20 2010, Report content

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