AST for 12 months but T left owing 9 months' arrears

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    AST for 12 months but T left owing 9 months' arrears

    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?

    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.

    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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