Has our T entered into a new AST?

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    Has our T entered into a new AST?

    Hi, I am abit confused about whether the new AST our tenant has signed is legal. Your views would be very welcome!

    We used an agent to find a tenant. Because she was 18 and had no credit history, she paid for 6 months rent in advance.

    When the AST expired, the agents gave her another contract to sign which again states that 6 months rent is due in advance. She signed it, but did not give them a cheque. They thought it would be sent direct to us. It turns out she has no means of support and although is probably entitled to HB, and has applied, she has not progressed her claim. We have spokent to her social worker who has said she will not return calls or go to their office.

    The first rent payment, were she to pay monthly was due on the 1st March, so she is now 2 months in arrears, although there wasnt anything in either contract that allowed monthly payments.

    The agents did get her to sign a section 21 after she signed the original AST.

    Please does anybody have any advice where we stand, as the agents dont seem to know. I don't think we will be using them again!

    #2
    Oh dear, I am sure that the agents who post here will be tut tutting about the lack of professionalism of their colleague in this case. If your tenant is two months in arrear then they can be removed by a section 8 action. Two weeks after serving this, court action can be commenced and unless the arrears are brought below two months before the court action commences, the grant of a possession order is mandatory. A CCJ will also be issued for the payment of any owing rent. Of course, if the tenant does not then leave, it will take a further several weeks to get court bailiffs to carry out an eviction. Unless you know what you are doing, you are recommended to use one of our advertisers, topic experts or the legal professionals who post here to carry out the action for you. Regrettably, it won't be cheap.

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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      #3
      Thanks for the advice. I dont feel very confident about getting the Section 8 right, so I think I will have to bite the bullet and get in touch with a solicitors.

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        #4
        Serving a S.8 Notice is not difficult and you can download one for free from the home page of this site; it's only if you have to serve court proceedings on the tenant (14 days after sercvice of the Notice) are you likely to need a solicitor.

        As far as the S.21 Notice is concerned tenants do not sign S.21 Notices, they are served on the tenant by the landlord/agent who might put their signature on one but is not strictly required to do so.
        The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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