evicting tenant with no contract

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    evicting tenant with no contract

    hi all

    my dad housed someone years ago, without a contract

    the tenant paid rent to my dad monthly, until recently

    he stopped paying tho

    how do i go about evicting him?

    can i issue an s21 if he doesnt have a contract?

    #2
    Originally posted by Evergreen View Post
    hi all

    my dad housed someone years ago, without a contract

    the tenant paid rent to my dad monthly, until recently

    he stopped paying tho

    how do i go about evicting him?

    can i issue an s21 if he doesnt have a contract?
    How many 'years ago'?
    '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

    Comment


      #3
      Originally posted by Evergreen View Post
      my dad housed someone years ago, without a contract

      the tenant paid rent to my dad monthly, until recently

      he stopped paying tho

      how do i go about evicting him?

      can i issue an s21 if he doesnt have a contract?
      1. There is a contract, even though oral only.
      2. So monthly payment/receipt of rent shows that it was contractual a monthly periodic tenancy.
      3. So L (your father, rather than you) can take action.
      4. METHOD 1: if rent owing now exceeds two months', serve T with Notice under s.8 (grounds 8, 10, and 11).
      5. METHOD 2: serve T with Notice under s.21(4)(a). The Notice period must be:
      a. at least two months; plus
      b. up to and inc. the end of a tenancy period.
      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


        #4
        Originally posted by jeffrey View Post
        1. There is a contract, even though oral only.
        2. So monthly payment/receipt of rent shows that it was contractual a monthly periodic tenancy.
        3. So L (your father, rather than you) can take action.
        4. METHOD 1: if rent owing now exceeds two months', serve T with Notice under s.8 (grounds 8, 10, and 11).
        5. METHOD 2: serve T with Notice under s.21(4)(a). The Notice period must be:
        a. at least two months; plus
        b. up to and inc. the end of a tenancy period.
        Jeffrey, does this apply even if the tenant has been there for donkey's years?
        '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

        Comment


          #5
          Originally posted by mind the gap View Post
          Jeffrey, does this apply even if the tenant has been there for donkey's years?
          Not wholly if (for instance) the letting pre-dated the Housing Act 1988: if it began before 15 January 1989.
          But points 1-3 in my post #3 would still hold good.
          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
            thanks

            i guess a simple s21 would do

            we're not sure of the exact year he moved in, it was so long ago - if it was before 1989, would it be up to the tenant to prove this?

            oddly enough, we dont even know the guy's full name! he receives post under two names i think! (another reason i want him out)

            shall i serve s21s on both names? but then who's name do i write on the possession form?

            Comment


              #7
              Do nothing at all until you know (and can tell us) the facts: esp. reply to mind the gap's post #2, with either:
              a. an exact start date for the letting; or
              b. at least, a clear statement whether it was before the 1988 Act came into force.

              The onus of proof is on your father (as L) if he seeks to end the tenancy. No proof = probable failure.
              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

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