evicting tenant with no contract

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    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

              Latest Activity

              Collapse

              • Reply to Joint tenancy agreement, 1 tenant has already moved out
                by DoricPixie
                In the opening post you said there was 6 month fixed term AST with both your niece and her now-ex-partner named as joint tenants. Now you are saying there was never a tenancy agreement drawn up.

                With the benefit of hindsight it would have been better if you'd had your niece pay money into...
                27-10-2021, 06:33 AM
              • Joint tenancy agreement, 1 tenant has already moved out
                by Yorkie2020
                Good evening all,

                I wonder if I could get some advice on ending an AST tenancy in England.

                Originally a 6 month AST last Sept between my niece and her partner, I foolishly listed both on the AST as joint tenants and didn't list him as a permitted, there was no deposit paid....
                20-10-2021, 19:44 PM
              • Reply to Joint tenancy agreement, 1 tenant has already moved out
                by Yorkie2020
                Guess I've been very lucky this time. My niece has informed her partner that she is ending the tenancy and signing up for a new one in her name only and he is ok with it. She did point out that he will no longer be responsible for any more rent or bills when it's totally in her name.
                JPkeats,...
                27-10-2021, 02:02 AM
              • Reply to Increasing rent
                by jpkeates
                There may be something on the NRLA website, but I don't know of a standard template.

                To be honest that clause doesn't seem to help you a lot, it stops you using a s13 notice (I'd wrongly assumed that because it said "may" you'd be able to) but doesn't actually help you with an...
                26-10-2021, 17:37 PM
              • Increasing rent
                by Berlingogirl
                Tenancy start date May 2020 in England. 6 month initial AST.
                My tenancy agreement says
                “The landlord may increase the rent after the first 52 weeks of the tenancy…..”
                Is there a specific form I should use?...
                26-10-2021, 13:33 PM
              • Reply to Increasing rent
                by Berlingogirl
                Thanks jpkeates, I looked at the form 13 but that’s for if you don’t have anything in your tenancy agreement with regard to a rent increase. Is there a pro forma for a rent increase if there is a condition in your TA?
                26-10-2021, 17:05 PM
              • Reply to Increasing rent
                by jpkeates
                If the tenancy is now an SPT, and you want to be ever so formal (and impose the increase without any agreement), search for form 13 (which is called something else on the government's tenancy forms page).

                Otherwise, you just need to get the tenant to agree and start paying the new rent...
                26-10-2021, 13:58 PM
              • Reply to Advanced rent and S21 Notices
                by jpkeates
                It is quite likely that the 2 additional months might be seen as a deposit, unless the tenancy agreement is very specific about the initial payment being for months 1, 5 and 6.

                If it is a deposit, you won't be able to use a s21 notice without returning it and the deposit will be unlawful...
                26-10-2021, 08:35 AM
              • Advanced rent and S21 Notices
                by Shorif908
                Hi All,

                I have recently had new tenants move in.
                the estate agent did the whole thing and put them in.

                The arrangement with rent payments was this. 6 months AST Tennants pay last 3 months rent in advance and then make 3 monthly payments in advance. Ie start of the month....
                26-10-2021, 08:06 AM
              • Reply to Advanced rent and S21 Notices
                by Lesney Park
                BUT to answer your question, yes the 3 months very much look like an unlawful deposit, being for a non-defined period (the last 3 months of a tenancy). If it is for a specific 3 months, its a bit lesss grey but then I'm wondering what you hope to achieve...
                26-10-2021, 08:35 AM
              Working...
              X