No Tenancy Agreement – and I need vacant possession for HMO sale?

by Readers Question

15:04 PM, 3rd March 2014
About 7 years ago

No Tenancy Agreement – and I need vacant possession for HMO sale?

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No Tenancy Agreement – and I need vacant possession for HMO sale?

Hi All

I could use a bit of advice, I have been forced into the situation that I have to evict several tenants from my HMO property in the next three months. I have looked online for templates re notice to quit.

None of the tenants have tenancy agreements as they have lived there for years with only a verbal agreement. I am wondering if there is any particular format the section 21 has to be in??? Or are all of these templates acceptable as long as the same information is on it??? some seem to have pages & pages of legal jargon whilst others have very little “paperwork” attached.

I do not want to evict any tenants for any breaches it is just because I have to sell the property.

The other problem I have is that I have already pre warned tenants enabling them more time to find other accommodation, but any template I try to fill in only starts from today. I need to date it tomorrow when I will be going to the property in person to take to them personally any & all suggestions would be helpful.

SharonVacant possession



Comments

Neil Patterson

15:14 PM, 3rd March 2014
About 7 years ago

Fortunately Sharon is now in contact with Paul Shamplina of Landlord Action before anyone panics.

However she would still welcome readers comments.

sharon underwood

16:57 PM, 3rd March 2014
About 7 years ago

Reply to the comment left by "Neil Patterson" at "03/03/2014 - 15:14":

Lol Moi panic never!! Did you receive my email Neil?? if so would it help me???
I think im pretty much beyond help at this point so will be contacting Paul, out of all the things I should have been worried about having no tenancy agreement was definitely not one...Naive maybe as ive always been told by the powers that be that a verbal agreement was the same as a written one.
When tenants have lost their jobs in the past the council have always told myself & the tenants that a verbal is as good
I am wondering if there are any landlords out there that could accommodate these hard working tenants, 1 of them has lived in my property for 11yrs & barely there as he works away a lot but to be honest the others have all lived there years & the house is still in the immaculate condition it was when I started to rent to them, I have had NO problems ever but most work at Heathrow so if anyone knows of somewhere vacant I would appreciate it...as to the rest any comments welcome

Neil Patterson

17:09 PM, 3rd March 2014
About 7 years ago

Hi Sharon,

Yes got it but as there is no original agreement it doesn't specifically help in this case, but you are doing the right thing contacting Paul.

Industry Observer

13:06 PM, 5th March 2014
About 7 years ago

No agreement is not fatal just a nuisance as you have to go through more legal hoops to satisfy the Court that a tenancy actually exists. Remember you can have a verbal AST so it can't be impossible to evict without.

However one issue you do have is you cannot use APP only standard possession.

Another is you say they have been there years so in the absence of a stated, proven fixed term the Court will deem these to be periodic tenancies.

That means you need the s21(4)(a) with the saving clause wording in it and I would serve them all individual notices dated this week some time as when served and then putting in 31st May as the end date in section 4.

One final tip - don't even think of using s21(1) as per Spencer v Taylor to just give any old 2 months and save time.

sharon underwood

19:37 PM, 5th March 2014
About 7 years ago

Thanks guys x

Puzzler

23:47 PM, 9th March 2014
About 7 years ago

Sharon, you asked whether anyone has any vacancies which might suit your tenants but you don't say whereabouts you/they are?


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