Getting a Tenant out of property

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    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

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      #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).

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