Q&A How do I evict my tenants so that I can sell up?

Q:      I own a rental property that I bought some years ago with the proceeds of an inheritance. It was always my intention to sell it when I was coming up to retirement age as I don’t have a private pension, but unfortunately ill health is forcing me to retire early. The same tenants have been in the property for several years and we have always got on, but as soon as I mentioned that I was going to have to sell they became quite aggressive and told me I couldn’t evict them under new legislation. What exactly are my rights as a landlord?

A:       As a landlord, you have rights and responsibilities, as do your tenants. One of your rights is the right to regain possession of the property if you wish to sell it. You must, however, do it using the correct legal procedures. Currently you can still evict by issuing your tenants with a Section 21 notice, but once the Renters’ Rights Bill has been passed, Section 21 will be abolished.

Section 21 eviction requires the landlord to issue the tenant a written notice, giving a minimum of two months’ notice. If the tenant fails to vacate the property by the date stated on the Section 21 notice the landlord can apply through the court for a possession order. If the tenant still refuses to leave, a bailiff may be appointed to evict them.

Once Section 21 has been abolished, landlords will no longer be able to evict a tenant at two months’ notice without giving a reason and every eviction will require a Section 8 notice that states one or more valid grounds for the eviction. However, evicting because a landlord wishes to sell the property will still be considered a valid reason to serve notice on the incumbent tenant. If you have any concerns about being compliant with current legislation, a litigation solicitor will be able to advise you.

This question has been answered by James Denton, a Solicitor with GHP Legal.  If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194