Rolling tenancy - seeking eviction

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

    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

          Latest Activity

          Collapse

          • Reply to Labour taxation plans
            by Turbine Terry
            The party not in power always makes bold and often hollow claims like this as they want the sound bite/headline and don't need to give any thought to unintended consequences or actually doing as they say. If the RRB (Renters Reform Bill) and EPC changes and more tax increases were all too severe it...
            21-01-2022, 13:23 PM
          • Labour taxation plans
            by steaming
            Rachel Reeves R4 this am told the interviewer that Labour (when in power) would raise money by taxing those with BTL property much more than at present, she opined it was wrong that “they” were “getting away with it”. No challenge from BBC or fact check as to present tax. You are warned.
            20-01-2022, 16:55 PM
          • Reply to Labour taxation plans
            by jpkeates
            The current prevailing form of capitalism, where the inequality between the few super rich people and everyone else is vast and growing is worse than the type of capitalism I grew up with.

            For the record, I don't think socialism is a viable way to run anything - but there's got to be a...
            21-01-2022, 13:09 PM
          • Reply to Labour taxation plans
            by boletus
            Capitalism is the worst form of economic system, except for all the others.
            21-01-2022, 12:52 PM
          • Reply to Garage left filled with tenant's goods
            by Lawcruncher
            The agent has not thought this through. If you get an order for possession that will still leave you with the goods in the garage. An order is unnecessary. If the notice to quit was valid the tenancy has come to an end and you can enter. If the agreement says nothing about disposing of goods you have...
            21-01-2022, 12:44 PM
          • Garage left filled with tenant's goods
            by robbo2233
            Hi! Hoping the forum can advise me. We have a lock-up garage in a residential estate that had been let to an individual who ceased to pay monthly rental. Notice to quit was served by our letting agents Countrywide in October, and yet the tenant's goods still remain in situ. Agents have advised...
            20-01-2022, 21:31 PM
          • Reply to Auction or try to sell in an estate agent
            by jpucng62
            In this market I would definitely be trying to sell through an estate agent. Unless you are in a legal dispute the noisy neighbour does not need to be mentioned. The market is so hot now, that if you market it at a good price I am sure it will sell. If you go to auction I think you will lose a lot of...
            21-01-2022, 12:42 PM
          • Auction or try to sell in an estate agent
            by Prospero
            During the last year or so, the mental health has deteriorated of the neighbour to my rental property. Two tenants have moved out due to the noise made by this person. After the first tenant moved out last year, I tried to sell the property, but the buyer withdrew when they heard that my neighbour was...
            20-01-2022, 18:01 PM
          • Reply to Greetings, I Come in Peace
            by theartfullodger
            Me too, but like many I have a number of bank accounts. Suspect many landlords don't look and even if they do, don't understand how to see which sort of benefits are being paid......
            21-01-2022, 12:40 PM
          • Greetings, I Come in Peace
            by AVJ113
            Hello all, I am a prospective landlord. I will be arranging my first mortgage in principle today as a start to my evil buy-to-let empire. As a total newb, what would be the one piece of advice you would give after your years of experience as a landlord?
            20-01-2022, 07:24 AM
          Working...
          X