Here is a question to the blog clinic from Lisa who is a landlord
Hello, our tenants have a shorthold assured tenancy till May 2013. Unfortunately we have become homeless.
If I go to a solicitor would I be able to get an eviction order on the grounds that my family need a home. The tenants have full time jobs and are able to move on easily.
Short answer, no.
This is one reason why a long fixed term may not be a good idea. You never know when you may want your property back.
Have a check of your tenancy agreement though as there may be a break clause, which is a special clause which allows you to end (or break) the tenancy early.
Otherwise the only way you can get the tenants out is under the grounds in Schedule 2 of the Housing Act 1988, and wanting the property to live in yourself is not one of those grounds.
Your only chance is to see if they will agree to move out voluntarily.
[NB – See the comments – ground 1 may be available]
Maybe there was more info in the original email that we’re not aware of, but if the landlord or their spouse lived at the property at some time in the past then they could possibly use mandatory ground 1 in Schedule 2 of the Housing Act to regain possession.
Before the tenancy starts the landlord should have served notice that possession might be sought on this ground, but the legislation gives the courts some discretion to waive this requirement.
If ground 1 applies, it’s certainly worth trying to serve a section 8 notice as the tenants may go voluntarily. It would still take a couple of months though.
You may be right – I discounted this as the fixed term had not ended but looking at ground 1 it does not actually say that the fixed term has to be ended.
So yes, worth giving it a go maybe.
I am also working for a law firm and we also had a client who asked the same question. Yes the answer is no. But we told him to request them instead of getting an evidence order. He requests them and he got his home back.
Thank you for your comments everyone. Yes, sometimes just asking nicely is the best thing to do.
Tessa
Ground 1 will not work.
The section 8 notice specifically states it can only be used at the end of the term not during it.
Whereas groud 2 the lender ground can be used during the term
@Jamie T
You are of course right the Court can exercise discretion in waiving the need for this (and other) notices that should have been served before the tenancy started, and allow them to be served later on.
Of course in 20+ years and having seen a few attempts to get a Court to use such discretion I have never know a single case where they have.
But yes worth a go – as is anything in desperation!!