Evicting A Tenant

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  • Evicting A Tenant

    Hello forum Members,
    I own a student let with an assured shorthold tenancy (AST). One of the students had a problem with his student loan and rent payment was not forthcoming to myself, I finally received 3 months payment (£720) on the 21st of November (tenancy started on 1st sept.) and then i recieved the rent payment for December on 29th November. The tenant assured me that the rest of the payments would be paid ahead of schedule, now that he was receiving loan payments and would guarantee this by giving me post-dated cheques with a letter from the student loans company.

    However I have served notice on the 11th Nov giving the tenant until the 14th of December to vacate the property. However the tenant still has not left the property and intends to be staying in the property.

    How do I go about evicting this character, will it be costly and what are the correct procedures and is this a reasonable eviction?

    Thankyou in advance
    PJ Sprason

  • #2
    Notice served 11th Nov giving until 14th December to go? That isn't two months notice as required - get this right before you ask about the next step!!!

    Comment


    • #3
      PJ - what are your reasons for evicting the student? If he is now up to date with his payments and is willing to offer proof of future ones, then I cannot see why you want to evict him. As David rightly says you have to give two months notice. Indeed you cannot evict him at the moment. He is not owing you rent and has not come to the end of his agreement. Which if it was a six month AST would be 28th February 2006. To answer your question - no this is not a reasonable eviction. Personally unless he is causing trouble in any other way, I would accept his offer of the cheques etc and drop the idea of eviction.

      Comment


      • #4
        The AST says (in section 4.3.1) that if at any time any part of the rent is outstanding for 21 days then i have the right to recover possession of the property and that the agreemnet shall come to an end. This surely means that i can get a court order and remove the tenant, i am quite sure this is a lawfull eviction. I was particularly interested in other land lords experience of using this process of eviction, especially with respect to cost etc.
        thank you very much for your help

        PJ Sprason

        Comment


        • #5
          Follow the Law

          Yes, you have a right to regain possesion of the property... but you MUST follow the correct procedure.... unless you have served a section 8 notice on the tenant which gives 2 weeks notice you will not be able to evict this tenant based on the notice you have given. During the fixed term you can issue a section 21 to end the tenancy at the end of the fixed term but this is 2 MONTHS notice.

          Please carry out a search on Section 21 on this site and you will find a whole host of information.

          Personally if he continues to pay his rent on time from now on I would hang on to this person.... Student Loans are a pain and he may have been genuine... OK so he has a responsibilty to pay his rent Loan or not but give the guy a chance! If he is late again then evict.

          Is this propertry an HMO?? Have the tenants signed one AST?? These questions will also have a bearing on your ability to evict the tenant! YOu say AST but you do not say if they have all signed the same one. If all have signed one AST then you cannot evict just one of the tenants......
          Last edited by justaboutsane; 17-12-2005, 10:41 AM. Reason: thought of something else!
          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


          • #6
            All the other tenants in the house have signed seperate AST's. Do sections 8 and 21 refer to the housing act?. I am particularly interested in section 8 as it will result in me being able to solve the matter quickly. The tenant is actually not in arrears as we speak, can i simply evict the tenant due to him breaking the 21 days late payment on the AST? and how long will it take me to issue a section 8 notice?

            Thankyou again
            PJ Sprason

            Comment


            • #7
              Dates on AST

              Many student lets have a fixed term on the AST that matches the academic year. This gives the tenant protection that they won't have to find somewhere new part way through an academic year (very difficult) and gives the landlord protection that they won't have to find new tenants part way through an acdemic year (also very difficult). I suspect that your AST has a fixed term that runs until June 2006 and you state that he's up to date with his rent. Can't see you getting him out using any legal means.

              In essence, no you can't evict him just because the AST says you can. Our laws give the tenant a lot more protection than that.

              Comment


              • #8
                Hello again
                I have noticed that I made a slight error in my first message, I issued the notice on the 11th of OCTOBER asking the tenant to leave on 14 DECEMBER. the tenant has so far NOT left the property and actually went ahead and paid me januarys rent into my account.

                SURELY i can still evict the tenent given that;

                1. I gave correct notice.
                2. He was in arears. (although not now)

                Im sure that bearing these conditions I can legally evict this person??

                Thankyou very much PJ Sprason

                Comment


                • #9
                  Poor them, sounds like you have a particular dislike to this person, rather than rent arrears, as he is not now. Not really a good enough reason to evict them. Are they disruptive? or do you just not like them? Courts will not let you just chuck them out because of a personality clash. Have you never had delayed payments before from anyone else? If they were having wild parties or damaging property somthing could be done I would think but an apology and promise of payment as well as foward payment for January, this all makes you sound like he should leave and find a more understanding, friendly landlord, not a grump.

                  Comment


                  • #10
                    Is there a fixed term to the tenancy, if so how long?

                    A tenant cannot be evicted for rent arrears until the amount is 2 months rent in arrears at the time of issuing notice AND at the court proceedings (the 21 day clause in your agreement means nothing).

                    You can issue a S.21 notice for the tenant to leave at the end of the fixed term.

                    You can never legaly evict a tenant only a court can.

                    S.8 S.21 are from the 1988 Housing Act.

                    Comment


                    • #11
                      PJSprason

                      What kind of LL are you ??? You cant make up terms in your agreement that are unlawfull. You have been given lots of good advice here.

                      1) You must give at least 2 months notice to end no sooner than the END OF THE FIXED TERM
                      2) You cannot evict the tenant for breaking your unlawful term of paying rent within 21 days.
                      3) You can only evict a tenant on grounds of late rent if they are in at least two months arrears.

                      So no you cannot evict this tenant yet and if they have any sence they will stay and you will loose in court.

                      Zoe

                      Comment


                      • #12
                        Regarding the personality clash or reason to be given for eviction ... Does the landlord really have to give reason for the eviction ?
                        Of course a landlord tends to dislike sb who has had previous bad records as`late rent payment, bad behaviour etc...
                        However Pjsprason still things have to be done by law; Wanting to be quick in getting rid of the tenant is a common feeling, but not legal anyway..the law was made to calm down animal instintcs, and to be on its side it'll be much better for yourself, to avoid problems in the future.

                        Perhaps the tenant will leave, but not right now as it is christmas time and people tend to stick where they live... Try again after the 5th of January to speak to him. You may want to find a property for him too ... Just an idea that it always worked with my ex-tenant.

                        good luck

                        Comment


                        • #13
                          PJ -Just to make things very clear. You are using an AST which is not lawful. The sentence regarding 21 days should not be there. Get a new AST that is up to date.
                          And could you please answer the question raised - why do you want to evict this tenant. This forum is usually very helpful to landlords who have problems, but I think you are loosing our goodwill by your insistence on evicting. If you would take the time to read some former posts, you would see that you have been very lucky.

                          Comment


                          • #14
                            I have Started to read about the law, the tenant is on his forth month of a 9 month AST. Can i still legaly evict this tentant? i quote HA 1988?

                            20.—(1) Subject to subsection (3) below, an assured shorthold tenancy is an assured tenancy—

                            (a) which is a fixed term tenancy granted for a term certain of not less than six months; and

                            (b) in respect of which there is no power for the landlord to determine the tenancy at any time earlier than six months from the beginning of the tenancy;

                            does this means cant evict the tenant?

                            Comment


                            • #15
                              http://www.letlink.co.uk/Facts/Lfacts37.htm

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