Advice on eviction of expired contract

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  • Advice on eviction of expired contract

    Hi all

    Just some advice on the best route please.

    My tenant since July 2008, ASTA expired December 2008. After that kept as rolling month, no written or verbal agreement. T has been on HBenefit from start & has consistently paid late due to gambling the rent . At present T owes 2 months rent. Owner has finally had enough & wants T out ,and may well sell Property as other business is failing.

    What would be the quickest way to remove T, gaining unpaid rent is not uppermost. Releasing the property for sale asap is most important. T is quite knowledgeable on his rights & would like to milk it as long as possible. Sec 8 on what grounds? Or Sec 21 or both?

    Should I immediately serve notice before getting a solicitor involved, owner wants property back asap with minimum costs. Can this easily be done without solicitor involvement?

    Thanks in advance

  • #2
    Use both: Serve section 21 notice as a backup to section 8, grounds 8, 10 and 11 which should produce a possession order more quickly as only 2 weeks notice is required.
    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
      Originally posted by ABernard View Post
      Hi all

      Just some advice on the best route please.

      My tenant since July 2008, ASTA expired December 2008. After that kept as rolling month, no written or verbal agreement. T has been on HBenefit from start & has consistently paid late due to gambling the rent . At present T owes 2 months rent. Owner has finally had enough & wants T out ,and may well sell Property as other business is failing.

      What would be the quickest way to remove T, gaining unpaid rent is not uppermost. Releasing the property for sale asap is most important. T is quite knowledgeable on his rights & would like to milk it as long as possible. Sec 8 on what grounds? Or Sec 21 or both?

      Should I immediately serve notice before getting a solicitor involved, owner wants property back asap with minimum costs. Can this easily be done without solicitor involvement?

      Thanks in advance
      Are you the owner of the property or an agent?
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      • #4
        Originally posted by mind the gap View Post
        Are you the owner of the property or an agent?
        My Brother is the owner ,I collect the rent as I live near T. We kept it simple rolling contract. T has not worked for years (suffers depression), HB is paid into his bank. In the last 12 months T has always paid late, often not paid at all. Then T cant pay as he gambled rent & lost, twice. T has offered to repay debt at £50 pm. My Brother has had enough as his own business is looking shaky. The last thing he wants is a non paying T. My Brother is hoping to sell the property to prop his business up. Does it make it easier if contract has expired?

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        • #5
          Your question has already been answered by P.Pilcher in post #2.

          If tenant knows his rights and resists, expect a timescale of a few months to fully reclaim the property from them.

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