In 2006 I purchased a flat with a tenant on a periodic tenancy (Assured Shorthold Tenancy Agreement from year 2000). At the beginning of 2008 I advised tenant that the flat would be refurbished, I would resettle him during the works, and he could come back provided he signed a new lease at a higher rental. He agreed and the refurbishment was completed. As I had not heard from him at the end of March, I gave him written 2 months notice on his original lease. This achieved a response, he had been ill, needed to get his finance in place rent arrears and top-up deposit, etc., but he undertook to complete these formalities during the following week, and he moved back into the flat at the beginning of April 2008.
He has since not answered calls and notes to contact me. I have now written that by his actions he has indicated that he does not wish to enter into a new lease and that I will proceed to find new tenants.
Can I rely on my 2 months notice to start court proceedings after the end of May 2008 to evict the tenant if he does not leave voluntarily? Should I issue a Section 21 notice? What is the most effective way of dealing with this situation?
Your comments would really be appreciated.