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Legal matters

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

44 replies

Pisssssedofff · 23/06/2016 09:20

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

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Bailey101 · 23/06/2016 10:30

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.

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MardyGrave · 23/06/2016 10:36

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.

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VioletBam · 23/06/2016 10:37

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

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Believeitornot · 23/06/2016 10:38

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

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Pisssssedofff · 23/06/2016 10:58

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

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Bailey101 · 23/06/2016 11:03

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.

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ThatsMyStapler · 23/06/2016 11:04

where did you get your legal advise from?

Please link

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MyKingdomForBrie · 23/06/2016 11:06

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?

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ALemonyPea · 23/06/2016 11:08

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

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Pisssssedofff · 23/06/2016 11:08

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

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Tiggeryoubastard · 23/06/2016 11:09

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

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LittleBearPad · 23/06/2016 11:11

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

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AndNowItsSeven · 23/06/2016 11:12

?

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SuburbanRhonda · 23/06/2016 11:12

Why bother posting?

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

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Bailey101 · 23/06/2016 11:13

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

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Pisssssedofff · 23/06/2016 11:13

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.

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Pisssssedofff · 23/06/2016 11:14

Wish I hadn't bothered Rhonda on both counts

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DrinkFeckArseGirls · 23/06/2016 11:15

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

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Bailey101 · 23/06/2016 11:17

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

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CarlGrimesMissingEye · 23/06/2016 11:19

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: 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

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Pisssssedofff · 23/06/2016 11:20

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

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Letmehaveausername · 23/06/2016 11:20

Thought you already had your home Pisssssed Smile

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Letmehaveausername · 23/06/2016 11:22

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

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Pisssssedofff · 23/06/2016 11:23

This reply has been deleted

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

Pisssssedofff · 23/06/2016 11:23

Is that aggressive enough for you ?

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