Getting a Tenant out of property

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Getting a Tenant out of property

    Can someone please advise me on how to do a legal section 21 notice. The AST has expired, and now on month to month agreement. I'm using the LRA AST agreement standard contract, which does not specify a date for rent payment, but on the whole, it was paid in the last week, usually 28th of the month. I want the T out as he is a major headache. Also, he is suggesting that I can keep the deposit as a final rental payment which I DONT want to do as it leaves me without protection. What can I do? (He is a DSS tenant - can I threaten to inform the housing benefit people that this guy is not paying me the rent despite being in receipt of their housing benefit?)

  • #2
    Originally posted by data View Post
    Can someone please advise me on how to do a legal section 21 notice. The AST has expired, and now on month to month agreement. I'm using the LRA AST agreement standard contract, which does not specify a date for rent payment, but on the whole, it was paid in the last week, usually 28th of the month. I want the T out as he is a major headache. Also, he is suggesting that I can keep the deposit as a final rental payment which I DONT want to do as it leaves me without protection. What can I do? (He is a DSS tenant - can I threaten to inform the housing benefit people that this guy is not paying me the rent despite being in receipt of their housing benefit?)
    Can you tell us the date the agreement started?
    Is the deposit protected in a scheme?
    Are there any arrears?
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


    • #3
      getting a tenant out

      AST started 01/08/2008 finished 31/01/2008, now reverted to monthly agreement.
      Yes the deposit is in a protected scheme.
      The rent is due tomorrow - I've got a feeling hes not going to pay till i clear a suposed gas bill that was in the property (over 2 years ago!). I offered to pay by cheque (the bill amount is still in dipute, but thats not the issue here and I'm not going to accept any deduction from the rent due).
      By the way, I'm supposed to receive a writen notice to leave the property - nothing arrived, so I'm gona just get on with it and get him out as he is not a man of his word or honour.
      Thanks

      Comment


      • #4
        Originally posted by data View Post
        AST started 01/08/2008 finished 31/01/2008, now reverted to monthly agreement.
        Yes the deposit is in a protected scheme.
        The rent is due tomorrow - I've got a feeling hes not going to pay till i clear a suposed gas bill that was in the property (over 2 years ago!). I offered to pay by cheque (the bill amount is still in dipute, but thats not the issue here and I'm not going to accept any deduction from the rent due).
        By the way, I'm supposed to receive a writen notice to leave the property - nothing arrived, so I'm gona just get on with it and get him out as he is not a man of his word or honour.
        Thanks
        Any help please?

        Comment


        • #5
          1. You need a s.21(4)(a) Notice.
          2. It can be served on any day.
          3. It must give T a period of:
          a. at least two months' Notice; and
          b. Notice expiring when a tenancy month expires.
          4. So, if it's served today (31 March), the Notice period will run to/inc. 31 May.
          5. If it's served during April (no matter on what day), the Notice period will run to/inc. 30 June.
          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

          Latest Activity

          Collapse

          • Best Areas to Buy North East
            Mrbees92
            hello, looking at buying 3 houses in the north east (typically cheap round here).

            what are the best areas to look at was thinking County Durham up to 60k per house.

            any suggestions?...
            16-08-2017, 21:51 PM
          • Reply to Best Areas to Buy North East
            Wright76
            I live in Northumberland and rent property in Newcastle.

            Durham is the same as everywhere,there are really bad areas as well as good.

            But if your looking at property under 60k, then your likely looking at a housing benefit market.

            With the benefit system the...
            17-08-2017, 09:34 AM
          • Tenant threatens legal action
            Golip
            Hi all

            A former tenant of mine whom moved out without giving 4 weeks notice as per his contract is threatening legal action over a deposit which I did not protect in time and was returned to him in full once the admin error was realised (my farther usually deals with the paperwork)
            ...
            16-08-2017, 16:16 PM
          • Reply to Tenant threatens legal action
            leaseholder64
            Four months, is more than just technically late, and you seem to have done it in response to the tenant, not because you discovered the mistake yourself, so it culd have gone on for years if tenant hadn't raised the issue.

            Whilst I have no practical experience of such things, I would be...
            17-08-2017, 09:33 AM
          • Reply to Best Areas to Buy North East
            theartfullodger
            The best areas are those areas which will show the greatest house-price increases, best rental returns and lowest voids/damages, over whatever period you are thinking (say 3 years, 5 years, 10 years....).

            Sadly until those 3, 5, 10 years are up NOBODY will KNOW which those areas are. Anything...
            17-08-2017, 09:24 AM
          • Should referencing company ask for bank details?
            MrsPicklesonsmythe
            Hi all, We're hoping to rent a property. We have no bad credit, can more than afford it, have a guarantor if needed. It's all going well but the landlord is using openrent and their referencing rentguard. They are asking for bank details, NI number, details of outgoings etc all on top of usual address,...
            16-08-2017, 20:43 PM
          • Reply to Should referencing company ask for bank details?
            jpkeates
            That web site simply converts the sort code to a bank branch (from a publically available list) and checks that the bank account number is valid for the sort code, using the check digits embedded in the account number.

            The IBAN number is generated from the other data automatically.
            ...
            17-08-2017, 09:19 AM
          • Reply to Tenant threatens legal action
            theartfullodger
            Golip: Do we gather your took over from your father as landlord for this property?

            If so, two points...
            a) Did you serve on tenant notices compliant with s3 & s48?? If not then perhaps no rent due, you are not yet fully "landlord" and you may have committed a criminal...
            17-08-2017, 09:13 AM
          • Anti-social behaviour/drug dealing
            gillybean6664
            Hi. I am a mortgage owner in apartments. I have a neighbour who moved in March 2017-since he has moved in there has been nothing but trouble. Loud music in the week and weekends until the early hours. A variety of visitors, rarely the same visitors-we have contacted the police who informed us to contact...
            16-08-2017, 18:58 PM
          • Reply to Anti-social behaviour/drug dealing
            AndrewDod
            But almost everything you do will be pointless (unless they extend their activities to the outright criminal).
            We have a system that "cares" (or pretends to care) about tenants in their relationship with landlords, but cares nothing about communal dwellers, leaseholders, upholding of...
            17-08-2017, 09:06 AM
          Working...
          X