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Can I break a tenants lease if I needed my home back for myself ?

(45 Posts)
Pisssssedofff Thu 23-Jun-16 09:20:03

I don't want to do this but if I've no other options then I will, just wondered if it was an option, they are a year into a 24 month lease. Thanks

Bailey101 Thu 23-Jun-16 10:30:34

No. If there's no break clause in the lease, the only way you can evict them early is if they stop paying rent or if they are engaging in serious anti social behaviour that contravenes the lease conditions.

MardyGrave Thu 23-Jun-16 10:36:23

No, as stated not unless they have seriously backed out on their side of the contract by not paying at least two full months of rent.

VioletBam Thu 23-Jun-16 10:37:23

No. If you're experiencing homelessness, then go immediately to the housing dept of your council. They will advise you. Call SHELTER too.

Believeitornot Thu 23-Jun-16 10:38:23

Well as you've rented it out it isn't your home it is theirs until the contract is up.

Pisssssedofff Thu 23-Jun-16 10:58:40

You're all wrong, took legal advice and yes you can break it, just in case anyone else is reading.

Bailey101 Thu 23-Jun-16 11:03:24

I don't believe for one minute that you've had legitimate legal advice. However, I'll happily accept I'm wrong if you can link to the relevant legislation that allows you to break a lease.

ThatsMyStapler Thu 23-Jun-16 11:04:15

where did you get your legal advise from?

Please link

MyKingdomForBrie Thu 23-Jun-16 11:06:45

You'd have to have a section 8 reason to break the lease as they're still in their fixed term, do you have one?

ALemonyPea Thu 23-Jun-16 11:08:22

You forgot to stick your tongue out at the end of your last post Op hmm

Pisssssedofff Thu 23-Jun-16 11:08:33

Just spoke to a solicitor he's of the opinion it's perfectly doable after the first 6 months

Tiggeryoubastard Thu 23-Jun-16 11:09:31

where did you get your legal advise from?
Fat Trev in the Dog and Gun.

LittleBearPad Thu 23-Jun-16 11:11:06

That's probably because there's a six month break clause. But lovely maturity from you there OP.

AndNowItsSeven Thu 23-Jun-16 11:12:05

?

SuburbanRhonda Thu 23-Jun-16 11:12:34

Why bother posting?

(As many people said on your other 23-page thread).

Bailey101 Thu 23-Jun-16 11:13:04

I call bullshit - either you lied in your op, lied to the solicitor or left out some very pertinent information.

Pisssssedofff Thu 23-Jun-16 11:13:17

It'll be ground 2 of section 8 at this rate but there are other clauses like the landlord needs to live in their own house it seems.

Pisssssedofff Thu 23-Jun-16 11:14:09

Wish I hadn't bothered Rhonda on both counts

DrinkFeckArseGirls Thu 23-Jun-16 11:15:36

If there is a break clause in tje tenancy agreement, yes. Is there?

Bailey101 Thu 23-Jun-16 11:17:58

Ground 2 of a section 8 relates to the mortgage provider repossessing the property - how do you propose to live there if the property is repossessed and no longer owned by you? hmm

CarlGrimesMissingEye Thu 23-Jun-16 11:19:04

If you want the property back to live in you can serve notice on a fixed term lease. Just make sure you follow the rules as doing so for that reason has different time limits to doing so as a result of the tenant's failure to keep up payment etc.

Look here: https://www.gov.uk/guidance/gaining-possession-of-a-privately-rented-property-let-on-an-assured-shorthold-tenancy#which-route-should-i-use

I find it a good starting point

Pisssssedofff Thu 23-Jun-16 11:20:41

Read what was actually written Bailey - if I live in it in won't be repossessed.

Letmehaveausername Thu 23-Jun-16 11:20:43

Thought you already had your home Pisssssed smile

Letmehaveausername Thu 23-Jun-16 11:22:14

I would also like to point out to all other posters that the OP has a history of inconsistencies in her posts and a tendency to get quite agressive if anyone dare disagree or call her out on something

Pisssssedofff Thu 23-Jun-16 11:23:12

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

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