Is an article 8B (F18) necessary for the eviction of non resident AST tenant

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    Is an article 8B (F18) necessary for the eviction of non resident AST tenant



    Alice in Wonderland
    Alice in Wonderland 01-11-2018, 14:41 PM
    Hi Everyone
    I have a tenant on an AST for a room with use of communual areas in an HMO for 4.
    He has not paid rent and is now liable for 2 months (rent due at beginning of month) He has not been living at the house according to the other tenants. .
    I live in Austria, so have not been able to check so far.

    On one of your wonderful forums, one person said that, if the tenant ceased to reside at the property then the AST and the provisions of the housing act of 1988 relating to the termination of tenancies do not apply............---as the protection from eviction act 1977 does not apply if the tenant is not residing at the property.

    So my questions are:
    1) Is this true if the tenant still is using the room as a storage unit for his stuff but not sleeping at the house and hardly visiting it?
    how long does the tenant have to be absent before this kicks in? Is a month or 2 enough?
    If this is valid-can I pack and store his things and ask him to come and pick them up?

    2) if this does not apply and I have to serve an article 8B /F18):
    is it good enough if I serve the article 8 and give the tenant the EPC rating and the How to rent Booklet at the same time?

    Lots of questions looking for an answer.
    Thanks in advance, if I actually manage to post this one. It's my third try.
    Maybe it's my lucky day

    #2
    If absent because in hospital, indefinitely. I'm not sure, but the same may apply if in prison. You need to establish that they have a new primary home.

    Comment


      #3
      It would be very easy for the tenant to resume occupation and defeat any attempt to circumvent the Act. I would just serve a s21, s8 with all relevant clauses and a NTQ and then youre covered for all eventualities

      Comment


        #4
        Hello
        thankyou for answering. He is not in hospital. I would be unable to find out where he is living.

        Please remind me what an NTQ is?

        If I stick all these things on his door and take a photo is that enough.
        I have offered to declare his contract null and void and cancel his debt, if he will just move out-received no answer as yet.
        with thanks
        best wishes
        Alice

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          #5
          Anything short of the sending in the bailiffs involves a risk to you.

          Comment


            #6
            Hello Again

            I have had tenants I was scared of before, whi I had to evict but this person is definitely NOT a dangerous psycopath as they were.
            He is a normal guy , who is very down on his luck- with a great deal of help from a vicious nearly ex-wife.
            Hell hath no fury like his woman's scorn

            As I understand it, I cannot issue article 21, as his AST began on September first 2018, so under the 4 months that are necessary.
            Thanks for answering
            Alice

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              #7
              You might have to wait until he is 2 months in arrears then and serve a section 8 ground 8 notice + NTQ, (Notice To Quit). Post it with proof of postage or take an independent witness and post it through the letterbox. It doesnt matter whether he sees it or not. If you pin it to the door it could be removed by a neighbour and therefore not served. I would arrange for the property to be inspected first though. If you think there is sufficient evidence that its been abandoned you could follow something like this: https://www.landlordzone.co.uk/information/abandonment

              Comment


                #8
                Thanks DPT57

                he is 2 months in arrears, as his AST stipulates full payment in advance i.e on the last day of the month for the next month.
                I will be issuing an article 8 ground notice 8 and will stick it to his room door with another tenant as witness.
                Since he is renting a room there are other tenants as witnesses in the house.
                I also have access to the house and to the room written into the contract.
                I can enter the communal areas of the house at all times and the room with prior notice.
                So I can inspect it myself.

                So once I have done this do I take photocopies of it to the court room?
                I think a trip to the citizens advice bureau is in order. That's what I did last time I issued an article 21.
                The tenant then just left and I didn't need to go to court.

                Many thanks
                Alice

                Comment


                  #9
                  It's Section not Article.
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment


                    #10
                    Also be aware that if he pays just a few pounds in rent to bring his debt below the 2 months due limit at the time of the court case, then s8g8 will fail.

                    Comment


                      #11
                      Hi
                      I am intending to serve on December the first in which case he will be 3 months overdue -so to undo that a payment of more than one month will be necessary to undo everything. I wouldn't say no to one month's rent.
                      If all else fails, his contract will be 4 months old at the end of December and I think I can use an Section 21 then or is it 6 months?

                      I am still hoping that he will just go when he is served , as he isn't living there I can't see any advantage for him to stay!!!
                      For all I know here in Innsbruck, he might have crept out with his stuff when the other tenants have gone to work and be gone.
                      (wishful thinking perhaps in my part)

                      Tnanks for helping
                      all the best
                      Alice

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