Trying to get my tenant out/My landlord changing the rules...

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    Trying to get my tenant out/My landlord changing the rules...

    Hi There

    I wondered if anyone can help me, I have 3 probably very simple questions...

    I have a tenant in a privately rented flat. Her agreement ran out Sunday 6th June. I extended her agreement to 6th July while I decided what to do as her payment has always been sketchy, she's currently behind by £200. I have decided I want her out. Do I have to give her 2 months from 6th July to move out or can I get her out as soon as the agreement ends?

    Leading on from that, my own landlord (I'm currently in a shared house) has decided they want to start adding our electricity bill as a seperate item on top of your rent where it has always been included before. They also want to back charge us 18 months to when one house mate started, but the other two moved out over 6 months ago. Can they do this? I assume not!

    Equally my tenancy there ran out 19th June but they haven't contacted me, so do I still have to give them a months notice, or can I just leave?

    Really hope someone can help me, thank you in advance! x

    #2
    Originally posted by LauraLou20 View Post
    I have a tenant in a privately rented flat. Her agreement ran out Sunday 6th June. I extended her agreement to 6th July while I decided what to do as her payment has always been sketchy, she's currently behind by £200. I have decided I want her out. Do I have to give her 2 months from 6th July to move out or can I get her out as soon as the agreement ends?
    Does T have an Assured Shorthold Tenancy granted by you as L? When did it begin and what was its fixed term?
    If the letting is an AST, have you yet served any formal Notices on T in reliance on the Housing Act 1988? These might be under s.8 or s.21.
    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


      #3
      As a landlord, I am suprised you do not know your own tenancy rights!

      Your tenant can not be evicted without a court order as they are now on a "Statutory Periodic Tenancy" (sect 5, 1988 Housing Act).

      To obtain a court order, firstly ensure any deposit has been protected, and then serve a section 21(4)(a) notice before 6th July to expire "AFTER 6th September 2010.

      If tenant does not leave voluntarily at the expiry date, you need to apply to the court using form n5b - cost £150. The process will take 4/6 weeks but there isn't usually a court hearing.

      Tenant will be given a minimum of 2 weeks to leave. If tenant doesn't leave when ordered, you will need to employ court bailiffs - more £ and time.

      ============================================

      Your own situation is that you too are on a "Statutory Periodic Tenancy", you need to give one months notice to expire on the 19th of the month - so the earliest you could currently leave is 19th of August.

      What does your tenancy agreement say about electricity (it is still valid)? From the brief information given, you would appear to have a contract that includes electricity etc, and that can not be changed unilaterally.

      Comment


        #4
        Hi Jeffery, thanks for your reply. It was a 6 month AST ending 6th June, it was fixed term yes. I haven't served a formal notice yet, I wasn't sure how it would work as I haven't renewed it (apart from the one month), as opposed to evicting her midterm...

        Snorkerz, yeah I know, sorry it sounds a bit lame. I've never rented before and have only been renting out my place for 6 months, it's all a bit new to me. Again I wasn't sure I was 'evicting' her if I informed her in advance and didn't renew. So basically I need to serve her a Section 21 before 6th July to expire in September to get her out.

        Our contract states that bills are included...

        Thanks Guys. x

        Comment


          #5
          Originally posted by LauraLou20 View Post
          So basically I need to serve her a Section 21 before 6th July to expire in September to get her out.
          And if your T paid a deposit, it must be protected in a scheme and the prescribed information provided to the T before you can serve a valid s.21 notice.

          Comment


            #6
            Originally posted by LauraLou20 View Post
            Hi Jeffery
            Who's that, then?
            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


              #7
              One last question!

              Sorry, as her rent is behind (and always will be as she's on benefits which I did not kow when I signed her up), could I use that to get her out in a month. I hope I don't sound to callous! x

              Comment


                #8
                Originally posted by jeffrey View Post
                Who's that, then?
                The one who doesn't create if his name is misspelled, who do you think?!
                '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


                  #9
                  Originally posted by LauraLou20 View Post
                  Sorry, as her rent is behind (and always will be as she's on benefits which I did not kow when I signed her up), could I use that to get her out in a month. I hope I don't sound to callous! x
                  How many months'/weeks' rent is owing but unpaid?
                  '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


                    #10
                    £200 sounds like about two weeks' rent. LauraLou20: As L, you could use a s.8 Notice on grounds 10 and 11; but both are only discretionary.
                    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
                      Oops my apologies! Making a real good impression aren't I?!

                      Basically she signed up to pay on the first of the month in advance, but the council have a very convoluted system whereby they pay me every 2 weeks in arrears and she has to pay a bit on top. Right now she's about 2 weeks behind, but of course the rent will again be due on the 1st and I won't get anything until the 19th. It;s an absolute pain and they're very rude.

                      Thanks westminster, yep I have her in the scheme.

                      Thanks Jeffrey! x

                      Comment


                        #12
                        Once T owes at least two months', i.e. on the day after month2's falls due but is unpaid, zap her with a s.8 Notice on g8/10/11.
                        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


                          #13
                          Lovely, thank you! x

                          Comment


                            #14
                            Section 8 ground 8 will only guarantee you possession if there is at least 2 months rent unpaid at the time of service and at the time of the court hearing. You need to give 14 days notice between serving he s8 and commencing court proceedings. They cost £100 if done online at www.possessionclaim.gov.uk

                            Serve your s21 at the same time, or earlier, as if the s8 fails your s21 will be just about expired, so you will be ready to gain a court order with that.

                            Comment

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