Evicting a tenant with 2mths tenancy left - whats the best option?

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  • Evicting a tenant with 2mths tenancy left - whats the best option?

    We have a tenant on a AST that expires the first week of June. She hasn't paid her rent since the end of Jan and will be 3mths overdue next week. The agent has issued the appropriate notice (section 8?) which expires next week.

    My question is, is it better to issue the standard two months notice to the end of the tenacy (i.e. the one saying we are not renewing the tenancy and want our flat back, so please vacate), which we must do next week, or persue the eviction order?

    Assuming the tenant is now very unlikely to pay any more rent, let alone the arrears, is it quicker and cheaper (in legal fees) to let the tenancy period run out and hope she leaves, then claim her deposit against the arrears, or seek an eviction order to hopefully get her out sooner?

    If she chooses not to leave at the end of the six months voluntarily, is the eviction process easier, as the tenancy has officially ended?

    Thanks and sorry for so many questions at once!

    Mark

  • #2
    I don't know the best solution to this but I have similar problem and I plan to do the following:

    AST due to expire 4th May.
    As of 4th April tenant will be 3 months in arrears (less £200 paid in Feb).
    I have already issued a section 21 as part of the tenancy agreement in November 2007.

    On 5th April I will issue a section 8 stating grounds 8, 10 & 11.
    Along with this I am sending tenant a letter stating that if he has not paid any of the arrears or suggested a repayment plan by 4th May I will seek county court judgement for payment in full plus the £10 a day penalty clause for late rent in the AST.

    I am also requesting the tenant to contact me to let me know what he plans to do or else I will seek a court eviction after the 2 week section 8 notice period has expired.

    Basically I want the tenant out asap so I don't lose more rent and I will settle for him just going on the 4th May without paying the arrears, and then start a ccj process when he's gone. I am hoping that the threat of owing even more money will make him cough up some of the arrears but if he doesn't I'll revise my offer and just say as long as he's out by 4th May no further action will be taken.

    I've had similar success in removing a tenant in just 2 weeks by saying I'll just wipe the slate clean if he's out. I think it's a good idea to write a letter trying to negotiate a settlement rather than just a Section 8 because at least that way you've got a chance of removing them sooner rather than much later.

    HTH

    ATD

    Comment


    • #3
      Originally posted by Attention to detal View Post
      AST due to expire 4th May.
      As of 4th April tenant will be 3 months in arrears (less £200 paid in Feb).
      I have already issued a section 21 as part of the tenancy agreement in November 2007.

      On 5th April I will issue a section 8 stating grounds 8, 10 & 11.
      Along with this I am sending tenant a letter stating that if he has not paid any of the arrears or suggested a repayment plan by 4th May I will seek county court judgement for payment in full plus the £10 a day penalty clause for late rent in the AST.
      Note that, under s.8, you do not need to await term expiry. If serving on 5 April, you could begin proceedings on 19 April.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


      • #4
        Originally posted by mguiver View Post
        My question is, is it better to issue the standard two months notice to the end of the tenacy (i.e. the one saying we are not renewing the tenancy and want our flat back, so please vacate), which we must do next week, or persue the eviction order?
        Serve the Section 21 (standard two month notice) AND the Section 8 (eviction order). Then, should the Section 8 fail on a legal technicality you've still got the Section 21 to fall back on without losing too much time.

        Comment

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