24 hour notice

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  • 24 hour notice

    Hello,

    I have a house which is being rent on a room by room basis. Every now and then I need to pop down there in order to check on the comunal areas and/or do the viewing. I would like to know whether 24 hour notice is relevant in such circumstances and who exactly do i need to inform in these circumstances bearing in mind it is a HMO house with 6 bedrooms in it.

    Thank you.

  • #2
    I think you are safe to inspect communal areas, the 24 hrs Notice is only required if you want to any of your tenant's own rooms, unless you can do this by mutual agreement when notice is not therefore needed.
    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.

    Comment


    • #3
      Hello Paul, that is what my understanding was but very nice to hear the confirmation.

      I have another question. I have a very difficult and nasty (you can't describe him otherwise) person in one of the rooms on 12 month contract. He could call as 3am drunk and say that he is going to put bullet through my head, etc and all the other Ts in the house constantly complain to me regarding his behaviour. Now, my question is can I serve S21 in order to get rid of him earlier than the contract. If I can what happens to the deposit? do i just refund as per usual if the T pays the rent and leaves the room in a normal state?

      Thx

      Comment


      • #4
        Your only route is a S.8 Ground 14, but don't expect the judge to give possession unless you have plenty of evidence. All complaints from other tenants must be in writing otherwise you have no evidence. You will need lots of examples of the tenant's poor behaviour, before a judge will do anything. If you are receiving abusive 'phone calls then record them, but you must tell the caller you are going to record the conversation if you want to use it as evidence.
        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.

        Comment


        • #5
          Ground 14:
          1. There is no waiting period. Once the s.8 Notice is served, L can start proceedings at once.
          2. However, even g14 is only discretionary (not mandatory).
          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).

          Comment


          • #6
            Thank you for replyes.

            I can ask the rest of the household to write compleints, but by now we had to call police on one occasion, I have at least 3 voicemails from that man threatening me with no identified reaso and recently I received several text messages from the Ts with more complaints.

            With regards to the S.8 he need to be in areas for me to serve this notice am I right? Is S21 invalid unles he is within the AST period?

            Please help.

            Comment


            • #7
              The section 8 notice can be simply be served by placing it in an appropriately addressed envelope and putting it through his letterbox or under his door. You should take an independent witness along to confirm that this action has been taken.
              With regard to your section 21 notice, it can be served in the same way at any time, it must however give the tenant at least two months notice which must end on a rent day if it is served after the fixed term of the AST has expired. The notice period cannot expire until this fixed period has come to an end.

              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.

              Comment


              • #8
                Originally posted by Lana83 View Post
                Thank you for replyes.

                I can ask the rest of the household to write compleints, but by now we had to call police on one occasion, I have at least 3 voicemails from that man threatening me with no identified reaso and recently I received several text messages from the Ts with more complaints.
                Get the crime number from the police or a report for the time you called them out.
                If you can, print out all the text messages. You would need to find a way to save the audio messages....


                Originally posted by Lana83 View Post
                With regards to the S.8 he need to be in areas for me to serve this notice am I right?
                There are 17 grounds on which you can serve a S8 Notice. Rent arrears is just one of them, and that would be grounds 8, 10 and 11.
                Gnd 12 is for breach of tenancy obligation (other than rent payment).
                Gnd 14 is for Nuisance - which is what your T is causing at the mo.

                Serve the S8 on grounds 12 & 14. However, if he is in rent arrears or has not paid rent, then you might want to consider gnds 10 & 11. If he has more than 8 weeks of unpaid rent, then gnd 8 would apply.


                Originally posted by Lana83 View Post
                Is S21 invalid unles he is within the AST period?
                Within the fixed/initial term, you issue a S21(1)(b), but it cannot expire until the last day of the fixed/initial term or after that.
                If issuing one during a statutory periodic tenancy (after the initial term), then use S21(4)(a).

                Comment


                • #9
                  Thank you for the advise. I guess S8 grounds 12 & 14 is the way to go forward and meanwhile I will save all the information relevant to the case.

                  Am i right to think that S8 is 2 months notice as well as S21? or can I start the eviction process (whatever it is) straight away?

                  Thank you in advance for all your help.

                  Comment


                  • #10
                    Originally posted by Lana83 View Post
                    With regards to the S.8 he need to be in areas for me to serve this notice am I right? Is S21 invalid unles he is within the AST period?
                    1. [Section 8] No. There do not need to be rent arrears unless you are using g8 or g10.
                    2. [Section 21] No. L can serve under s.21(1)(b) during the fixed term of AST or under s.21(4)(a) thereafter.
                    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).

                    Comment


                    • #11
                      Originally posted by Lana83 View Post
                      Am i right to think that S8 is 2 months notice as well as S21? or can I start the eviction process (whatever it is) straight away?
                      S21 requires that you give two months notice to T.
                      S8 gnd 8, 10, 11, 12 is two weeks notice
                      S8 gnd 14 requires No notice period = issue notice, start proceedings immediately. But to do that, you must have the evidence you need to substantiate the case.

                      Comment

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