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Question Title: Landlord's early return
| Question: 402 |
| We recently let a property on a 12 month AST for an owner who was going to the Middle East to work. He telephoned me yesterday to say that, as a result of changes with his employment, he will be returning at the end of the month to the UK. He wants his flat back. The tenant is paying his rent on time. The only problem with him is that his girlfriend comes to stay at weekends and brings her dog with her. I have explained to the landlord that he is unlikely to be able to get his property back until the end of 6 months as fortunately there is a break clause in the Tenancy agreement. Is there anything else that I could have done?
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| Answer: |
| You are fortunate that there is a 6 month break clause in the tenancy agreement. I always advise such clauses in any tenancy agreement over 6 months. As this case well illustrates you never know what the future holds. You can issue a section 21 notice in the exercise of the break clause to recover possession. Even if there is a clause in the tenancy agreement prohibiting pets, you are unlikely to recover possession on this ground alone. Recovery of possession using a section 8 notice on Ground 12 (breach of the tenancy agreement) is discretionary rather than mandatory and a County Court Judge is very unlikely to issue a possession order where there are other remedies to the problem, such as an undertaking from the girlfriend not to take the dog to the property.
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References:
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Pages:
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Hyperlinks:
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Letting Handbook |
Chapter 12 |
letting-handbook-and-factsheets.html
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Letting Factsheet No 8 |
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factsheet-8
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For more information, discuss on the Forum
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