2 tenants signed a 1 year assured shorthold tenancy agreement in April 2005 and moved out this March without paying 9 months rent. What are the steps I need to take to make sure I go about getting this money from them and also do it the right way?
AST for 12 months but T left owing 9 months' arrears
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If you are certain they have moved out, and in a position to re-let the property then you will have to apply to the small claims court to obtain redress for the rent owing. If they have not yet relinquished possession of the property, then as their rent is more than 2 months overdue, you must obtain a possession order from the local county court under section 8 of the Landlord and tenant act. There is tons and tons of information about this on this website, but briefly, after you have served the correct notice at the property, after a further 2 weeks you can apply for a court hearing. If at the hearing the tenants are still two or more months overdue, the grant of a possession order is mandatory and you will also obtain a c.c. judgement for the outstanding rent and your court costs.
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.
Latest Activity
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by marinerJust give the Agent 3 month Notice now, as specified in your current mutual Contract. A standard Clause for most Agents.
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Channel: Residential Letting Questions
16-12-2019, 01:33 AM -
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by gkasusI am a first time landlord. Appreciate anyone's help on the interpretation of the termination clauses for my fully managed let property. The tenancy agreement started in 2017 for 1 year and then went into periodic to now. Tenancy is still active.
The current contract is quite explicit...-
Channel: Residential Letting Questions
14-12-2019, 18:24 PM -
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by Jon66Aha, that clears it up. Apologies.
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Channel: Residential Letting Questions
16-12-2019, 01:23 AM -
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Hi
I am at my wits end. Moved in to a property on a 6 month AST. Moved in September.
From the day I walked it it's been a nightmare. As I came through the door there was water coming through the ceiling and it just got worse...
I will keep it short
Grade...-
Channel: Residential Letting Questions
15-12-2019, 01:44 AM -
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There's no implied right of access for that purpose, so there would have to be an explicit providing in the tenancy agreement before the landlord had any contractual right. However, if you refuse access, the landlord cannot enter, even if he can subsequently sue you for breach of contract, or at least...
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Channel: Residential Letting Questions
16-12-2019, 00:30 AM -
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I think I have possibly removed my comment accidentally as I am not familiar with this site.
The LL has arranged for a letting agent to call round this week and I was asking if I am obliged to let them come and take photos etc to re market the property for when we are gone. Given the outstanding...-
Channel: Residential Letting Questions
15-12-2019, 23:20 PM -
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Ok thank you. Yes have applied for social housing. It is really that bad and I am concerned for our safety.
Everything is documented via text as that's Ll preferred method. I have plenty of photos too. I shall get onto before work tomorrow.
Thank you...-
Channel: Residential Letting Questions
15-12-2019, 23:11 PM -
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by Jon66jpkeates may have posted on the wrong thread?...
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Channel: Residential Letting Questions
15-12-2019, 22:53 PM -
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by Jon66If you have documented everything and have photos and email evidence, and if it is that bad, you could probably leave asap as your ll has committed a repudiatory breach of the tenancy agreement. As another poster said, speak to environmental health who can issue hazard notices compelling the landlord...
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Channel: Residential Letting Questions
15-12-2019, 22:29 PM -
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by MdeBBut the agreement also ends without notice when the tenancy ends...
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Channel: Residential Letting Questions
15-12-2019, 22:26 PM -
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