Eviction case / rent due/ delays!!!

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  • Eviction case / rent due/ delays!!!

    Your advice and experience are most welcomed!

    A AST contract is running from 6th april 2005 to 2006 with a six month term that ended on 6th of september 2006.

    Since December 2005, the tenant has stopped paying rent. He was 3 months late, then this week he paid enough to have 2 months late rent payement as of 13th of April 2006. that is one week after the end of the contract...

    Now I assume no notice Section 8 can be given as there are not 2 months rent arrears yet until the 13th of april. is it correct?

    Also a simple letter in plain paper was given on the 28th of february 2006 informing the tenant that the ASt would not be renewed and asking the tenant to leave on the 6 th of april. (the AST says both tenant and landlord can finish it with a noice of 2 months)

    Now, the tenant has not replied to the letter.

    Is this enoug to ask him to leave?

    Can a court evict him at this stage?

    A friend said that a section 21 needs to be given with two months notice??

    is that true?

    is it better to do it before the 6th of april or right after?

    someone else told me that if the tenant stays after the 6th the AST becomes periodic and the section 21 issued after the 6th would be for 2 months ending on a 6th, which would be MINIMUM on 6th of july 2006?

    What is the best to do at this stage to evict him as soon as possible knowing that he may pay enough to never be in arrears more that 1 month and 3 weeks.

    YOUR ADVISE and EXPEREIENCE would be MUCH APPRECIATED.

    This case is giving me head aches and few seem able to raise to the challenge of the section 21 procedures

    many thanks to all!!!


    cindy liberto

  • #2
    cindy: Issue a S21 NOTICE giving him the statutory 2 months.After that provided the paperwork is in order go for pocession.As long as the paperwork is in order the CCJ will rule in favour.If the tenant then refuses to leave then go back to court for an eviction order.
    Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

    Comment


    • #3
      Your post does not make sense:

      "A AST contract is running from 6th april 2005 to 2006 with a six month term that ended on 6th of september 2006"

      Please give us the start and end dates as they appear on the tenancy agreement.

      "Since December 2005, the tenant has stopped paying rent. He was 3 months late, then this week he paid enough to have 2 months late rent payement as of 13th of April 2006. that is one week after the end of the contract..."

      Please explain, was he already three months in arrears when he stopped paying, also it is still March 2006 unless I've been hitting the happy juice too much.
      We can't advise on section 21 notices without date information. I suggest you put "Section 21" into the search facility, make sure you've got a large coffee, there is a LOT of information available.

      Comment


      • #4
        correction in dates

        the AST is from 6th of april 2005 to 6th of april 2006
        with a 6 months fixed term which was 6th of sepmber 2005 (not 2006)

        sorry

        also the contract says either landlord and tenant can stop it with 2 months notice.

        as the letter to quit was sent on 22nd of feb 2006 or 6 weeks before the 6th of april, if the section 21 form is sent can I count the 22nd of feb as the starting date or will I have to start all over again?

        isn't there an accelerated procedure?

        this tenant is a nightmare, I cannot sleep at night since last december !!
        as my mortgage is highly leveraged since 2004 for 25 years.


        at first, he was a perfect tenant paying on time for the last few years, impeccable presentation etc but since december he has been asking questions about legalities, gas check certificates and threatening to get westminster city council involved.

        A new boiler was even installed in the flat because the old one was too old.

        he's now using the system to the max it seems and he says he has the right to stay until the 6th of july 2006!

        a friend of mine said the same...

        help!!! some tenants turn out to be living nightmares...

        thanks to all

        Comment


        • #5
          arrears dates and money

          AST 6th of april 2005 to 6th april 2006

          last full rent was paid in november 2005 covering rent to 6th of dember 2005

          then he paid one week in december one week in january... wich means payemnt up to 20th of dec 2005

          then nothing for 2 months

          in mid march he paid a full months again, meaning payment to 20th of jan 2006

          and this week he paid 3 more weeks, meaning rent paid until 13th of feb 2006

          he will be 2 months in arrears on the 13th of april 2006 only or one week after the end of the AST

          thanks

          Comment


          • #6
            please help

            sorry for the confusion


            much appreciated from experts and really clever guys!

            Comment


            • #7
              Originally posted by LIBERTO
              as the letter to quit was sent on 22nd of feb 2006 or 6 weeks before the 6th of april, if the section 21 form is sent can I count the 22nd of feb as the starting date or will I have to start all over again?
              You need to issue a S.21 giving 2 months notice, whatever you did on 22nd Feb has no bearing on the fact that you need to give 2 months notice.

              Comment


              • #8
                Originally posted by LIBERTO
                sorry for the confusion


                much appreciated from experts and really clever guys!
                Sorry either I've lost the plot or something is not making sense here.I might have to go through a couple of packets of Marlboro to work it out.Firstly you talk about the six month break period.Q: was the tenancy determined at that point.If not is there a clause that says" If there is no determination of the tenancy then the terms are the same".I've used laymans terms which mean if you or your tenant have not given any notice then the tenancy "rolls on".Secondly was the tenancy for a fixed term(the break clause" allows both parties to end the tenancy after in either case the first six months).Thirdly:Have you carried out the statutory duties i.e gas saftey check,repairs etc.If not then I can see where his coming from.Im sorry to say that he could hold you to ransom here.Obviously you have a tenant who know's how to play the system.As you've stated he's in arrears,my guess here is that his using the GSC as a defence against the arrears which no doubt he has no intention of paying.In a recent court case that I was involved in the judge condemed the landlord for not carrying out the GSC as it then come under the Defective Premises Act(1972) section 4 which implies a duty of care to the tenants,it is also a criminal offence.Not is all lost though,issue the S8 notice for rent arrears and at the same time issue the S21 NOTICE for pocession giving at least 2 months notice.I think the reason he has said he will not get out until July is because he has roughly calculated when the baliffs will be around to evict him.Do yourself a favour get the GSC carried out and a GP12 cert.This way it gives him one less thing that he can hold you to.
                Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

                Comment


                • #9
                  thanks

                  thanks

                  so here is the answer

                  I agreed a AST on 10th of april 2001 for a year with a 6 months fixed period. At the end of it in 2002, the tenant asked to have it renewed and I agreed. So since ther has been a renewal of the AST with the same terms

                  it has been done like this for 2003 and 2004 and 2005

                  on 6th of april 2005 we signed an amendment so the AST comes to an end on 6th of april 2006.

                  the letter on the 22nd feb is to let him know that I do not want wish to renew the AST and aks him to leave by the 6th of april 2006

                  so if I have to issue an s21 notice, when is the latest date to make sure that he leaves on 6th of june and not 6th of july

                  if I am correct

                  hope this clarifies...

                  Why is the law so technical about dates??? it is driving me crazy!!! absolutely mad!

                  are the judges that touchy about dates and forms? I cannot believe my experience I am having

                  thank you all for your patience.

                  cindy liberto

                  Comment


                  • #10
                    Originally posted by LIBERTO
                    thanks

                    so here is the answer

                    I agreed a AST on 10th of april 2001 for a year with a 6 months fixed period. At the end of it in 2002, the tenant asked to have it renewed and I agreed. So since ther has been a renewal of the AST with the same terms

                    it has been done like this for 2003 and 2004 and 2005

                    on 6th of april 2005 we signed an amendment so the AST comes to an end on 6th of april 2006.

                    the letter on the 22nd feb is to let him know that I do not want wish to renew the AST and aks him to leave by the 6th of april 2006

                    so if I have to issue an s21 notice, when is the latest date to make sure that he leaves on 6th of june and not 6th of july

                    5th April (but you can serve it now)

                    if I am correct

                    hope this clarifies...

                    Why is the law so technical about dates??? it is driving me crazy!!! absolutely mad!

                    Its not if the notice is served during a fixed term.

                    are the judges that touchy about dates and forms? I cannot believe my experience I am having

                    Yes

                    thank you all for your patience.

                    cindy liberto
                    ..........

                    Comment


                    • #11
                      There's an essential phrase for a S21 notice along the lines of "If this notice should otherwise be invalid then the following provisions apply" [the general requirements of the act are then quoted]

                      Too many notices have been thrown out for errors concerning the date (like the one in this thread with the tenancy running from start date to new period start date rather than start date to the day before the next period start date) and a phrase such as this is designed to deal with such a problem.
                      Vic - wicked landlord
                      Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
                      Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

                      Comment

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