Rolling tenancy - seeking eviction

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    Rolling tenancy - seeking eviction

    Hi - new to this site and to posting threads so hope this works well.

    I have a tenant that started with an agreed 12 mth tenancy but this has now expired by 6 mths, and it was agreed to carry on as a rolling monthly tenancy instead. Now having problems with rent arrears - 3 months and counting, and I also wish to reclaim the house for my own possesion. Reading the advice given i am confused as to whether I serve a section 8 - rent arrears or section 21- repossesion. Can you advise if I could do both or not - if both which needs to be first? Also have you any advise as to notifying him that I am inclined to go for attachement of earnings for the arrears. can this be done by the courts only?

    Thanks

    J Chapman

    #2
    Originally posted by JChapman View Post
    it was agreed to carry on as a rolling monthly tenancy instead.
    'Agreed' how? By:
    a. the original Letting Agreement's provisions; or
    b. a further supplemental Letting Agreement; or
    c. both parties' tacit knowledge that a contractual fixed-term AST is continued in effect by a statutory periodic tenancy?
    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
      Serve a s8 undre grounds 8, 10 & 11. At the same time, serve a s21(4)(a).

      You can commence proceedings for s8 g8 after 14 days - £100 www.possessionclaim.gov.uk.

      In the unlikely event this fails, your s21 notice period should be up so you can then start possession proceedings under that.

      For s8g8 to be successful, on a monthly tenancy the tenant has to have not paid the equivalent of 2 months rent. This has to apply at time of service and at time of court hearing.

      For a s21 to be successful, any deposit needs to be protected before the s21 is served and the documents must be 100% correct regarding dates etc. If the property is a licensable HMO, then you must have a HMO license.

      To serve documents, post 2 copies first class from different post offices. Get a free certificate of posting. The court will accept this as served 2 working days later.

      Comment


        #4
        thanks for your quick response - the rolling agreement was by tacit agreement between us - no paperwork until I put all his arrears in writing plus a plan by which he could repay the two months arrears over the next 12 months by upping the rent by £75 per month - this was beginig of May. He agreed verbally but has only paid £60 in total since towards last months rent. he has agreed verbally that he is in total arrears of 11 weeks.

        Snorkerz - thank you for your reccomendations and for the link to teh legal form. i will start sorting this out as i will need to serve before saturday if I want him out after two months.

        Comment


          #5
          OK- but even that paperwork does not create a new letting, so the SPT is operative.
          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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