AST- tenant refusing to leave!

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    #16
    Originally posted by Barch View Post
    thanks Beeber

    Here is the letter she will recieve today.

    HOUSING ACT 1988
    Section 21 (1)(b)

    Assured Shorthold Tenancy : Notice Requiring Possession:
    Fixed Term Tenancy

    To
    Her full name


    Of
    (the addresso f the flat requiring possession)

    From
    My full name and address


    I give you notice under section 21 of the Housing Act 1988 that I require possession of the dwelling house known as

    (Again house address requiring possession

    On 3/11/2009 (Note 3 Below)

    (This date being 8 weeks shead of today)

    Signed Dated



    NOTES
    1 At the end of a fixed term of an assured shorthold tenancy, a court is obliged to make an order for possession if the landlord has correctly served a notice in this form.
    2 Where there are joint landlords, at least one of them must serve this notice if the tenancy is to be ended at or after the fixed term has expired.
    3 The length of the notice must be at least two months and the notice may be given before or on the day on which the fixed term comes to an end.


    INFORMATION FOR TENANT

    If the tenant or licensee does not leave the dwelling, the landlord or licensor must get an order for possession from the court before the tenant or licensee can lawfully be evicted. The landlord or licensor cannot apply for such an order before the notice to quit or notice to determine has run out.

    A tenant or licensee who does not know if he or she has any right to remain in possession after a notice to quit or notice to determine runs out can obtain advice from a solicitor. Help with all or part of the cost of legal advice and assistance may be available under the Legal Aid Scheme. He should also be able to obtain information from a Citizens Advice Bureau, a Housing Aid Centre or a rent officer

    Hows that?

    The dates are WRONG !!!!

    must be 2 calender months (see notes below)

    Enter the tenants name and the address of the property you are renting to them. Enter full names and post codes.

    Then in the next part enter your full name, address and post code.

    Then it states that possession of (you insert the property address again) is required after (you insert a date using the formula above). Here you have to bear in mind rules of service. If you serve the notice face to face then service is effected that day and the 2 calendar months can start from that day. If you have to put the notice in the tenant’s letterbox then service is effected the next day. Take a witness with you. We really do not recommend you post a notice. The Post Office lose so many letters that if the tenant states they never got the notice the judge usually believes them.

    YOU then sign the notice.

    There is no space on the notice for the tenant to sign so we recommend that you get the tenant to sign across the top of the notice that they have received it, the date it was received, and their signature.

    Give EACH TENANT a copy of the notice and keep one for yourself.

    The day after the notice expires you can then issue the claim form for possession

    Comment


      #17
      Originally posted by Barch View Post
      Hi Porridge, thanks for your help thus far.

      I'm serving her the notice tomorrow because the first one is invalid. It only gives four weeks. So the one for tomorrow is bullet proof!!

      I've sent a text to a friend requesting they meet at the flat tomorrow to witness the exchange. He will either see me hand over the envelope to her directly, or post it through her door. Either way, I have dated the document accordingly. Either 8 weeks from tomorrow if its in her hand, or 8 weeks from Monday if I have to drop it through the letterbox.

      I know I shouldnt have lost it, but when you are told that your tenant, depite bending over backwards to accomodate her is going to stay in your property, when my partner has handed her notice in at work to move up to Watford (we are in Poole) so that we can get the property in a saleable state, its not surprising I lost it! I will be the absolute gentleman from now. Once she has the document tomorrow, I will not be contacting her again.
      Well I hope you read my post below before you deliver S21 notice, otherwise you will need to serve it AGAIN.

      Please also ENSURE you state you require possession AFTER the 7th November (If delivered today)

      Comment


        #18
        "There is no space on the notice for the tenant to sign so we recommend that you get the tenant to sign across the top of the notice that they have received it, the date it was received, and their signature."

        I dont understand this bit. I take a witness, hand her a letter, am I to ask her sign there and then? If she is adamaant that she is staying put, surely she isnt going to be compliant here> I wouldnt be surprised if she throws it back at me. Do I have to get a copy signed for my records?

        Comment


          #19
          Sorry guys, Do I have to sign it in her presence? I'm sure I have a signed copy of the Notice for my other flat already prepared by the agent.

          Comment


            #20
            Its getting close to when I have to leave to do this so I will also enclose this letter with the Notice

            Just a brief note requiring her action

            Please find enclosed a copy of the Notice Requiring Possession in relation to (flat address). Please sign, date and return to me along with a copy of the signed Assured Shorthold Tenancy agreement ( dated 22nd April 2008) which you have failed to provide me previously

            Regards

            Comment


              #21
              You sign it she does not.
              GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

              Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

              Comment


                #22
                Served her notice yesterday. She answered the door and I have a witness to say that she received it. I spoke to the RLA today and they have advised me that I need to get a solicitor to go to court with me. I also need to serve notice on the initial joint tenant as he could come back at anytime!!

                Can anyone recommend a service to use?

                thanks
                Ian

                Comment


                  #23
                  Originally posted by Barch View Post
                  Served her notice yesterday. She answered the door and I have a witness to say that she received it. I spoke to the RLA today and they have advised me that I need to get a solicitor to go to court with me. I also need to serve notice on the initial joint tenant as he could come back at anytime!!

                  Can anyone recommend a service to use?

                  thanks
                  Ian
                  Hi Ian

                  Glad you contacted RLA, obviously they feel that this case needs legal advise, why don't you get back on the phone to them and ask for any recommendations?, im not sure what experience others have had, but i've heard of landlordaction, might be worth trying them?


                  http://www.landlordaction.co.uk/

                  Comment


                    #24
                    Thanks Porridge

                    We've been in touch with Regency Law and they seem switched on. I guess what is important here is to make sure, if you ever find yourself in this position, that you appoint legal representation. I'm sure if I went to court on my on, I woudlnt know how to challenge any decisions. The fact that she hasnt sent the AST back shouldnt matter as she has refered to it in texts and, the old one would stand anyway.

                    This such a shame. I had no problems with her until I told her I wanted to move back in!! According to the RLA, she'll stop paying too!! They nearly always do!

                    Comment


                      #25
                      Originally posted by Barch View Post
                      Thanks Porridge

                      We've been in touch with Regency Law and they seem switched on. I guess what is important here is to make sure, if you ever find yourself in this position, that you appoint legal representation. I'm sure if I went to court on my on, I woudlnt know how to challenge any decisions. The fact that she hasnt sent the AST back shouldnt matter as she has refered to it in texts and, the old one would stand anyway.

                      This such a shame. I had no problems with her until I told her I wanted to move back in!! According to the RLA, she'll stop paying too!! They nearly always do!
                      Ian (Barch)

                      Good luck, keep us upto date and let us know how you get on

                      Comment

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