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Which notice required?

You are here : Member Forums Possession - Section 8 and Section 21 Which notice required?
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Keith Edwards
Keith Edwards
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Hi, I own 2 ground floor flats in a building of 33 flats.
Both tenancies are 'rolling over' on Statutory tenancies.
Both tenancies started as 6 month AST's, one on 12 March 2014 & the other on 02 July 2016.
On 15 November 2016 the local authority issued a Prohibition Notice on the building for what they state are category 1 hazards within the communal areas of the building. The leaseholders & occupiers were given until 16 December 2016 to vacate the building. The managing agents submitted an appeal on 14 December, thus delaying further action by the local authority.
At the same time as issuing the Prohibition order, the LA sent me a notice of required improvement to heating in both flats & security upgrading to one flat, to be done within 28 days (but not before)of the Prohibition order being lifted.
None of the leaseholders or tenants have yet moved out.
i will state that neither of my tenants reported any defects to the LA.
I have today received a letter from Shelter,acting for one of my tenants, with veiled threats regarding the correct manner to give notice & suggesting illegal eviction penalties.
So, my questions are:

  1. Given that the LA stated that all occupiers had to move out by 16 December 2016, does this overrule any notice that I am required to issue to end a tenancy and if so, can i be held responsible (thus making myself liable for legal action)if I do not give the tenants the required notice ie; a section 21 notice? 2. What notice should I issue if it is down to me to evict the Tenants and not the responsibility of the LA?

I would be grateful of any helpful advice.
Kind Regards

06/01/2017 21:08

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