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sell house with tenants

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bluefly | 21:45 Thu 22nd Feb 2007 | Law
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i have a property which the tentants are over �2000 in arrears i am putting proprty on market how do i stand with getting them out ( they are on a month to month tennancy basis.
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give them one months notice to leave and threaten them with small claims court if they do not pay arrears.
Was it an initial standard AST with a 6 month period then letting on a month to month basis? If so are they within or outside the 6 months?

Make sure everything is done legally and properly so there is no case for unlawful eviction. Sometimes it might work to ask them to leave with a reasonable notice period and then try to claim rent back but if that doesn't work and in general the best way is the legal way to avoid any further problems.

This may help depending on the circumstances...

http://www.letlink.co.uk/letting-factsheets/fa ctsheets/factsheet-8---claims-for-possession-t he-section-8-notice.html

http://www.clickdocs.co.uk/section-8-notice.ht m

A Citizen's Advice Bureau may be able to provide more specific advice if you take the tenancy agreement down to see them.

Please note that even tenants on informal tenancies (ie no written agreement) have some rights under law.
It might be prudent to hold off from putting the property on the market until this has been resolved. There are several things to consider such as
1. Would you want potential buyers going into a place that may have people living there that have with a hostile attitude to them coming round?
2. How would you arrange for viewings?
3. What happens if they leave the place in a bad state, wouldn't you need some time to clear up / decorate / clean the place after they have gone?
Hope it all works out well for you.

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