Evicting a trouble tenant ASAP

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    Evicting a trouble tenant ASAP

    Hi all

    Firstly thanks for taking the time to read and hopefully reply to my query.

    My partner has a trouble tenant but doesn't have enough money to instruct solicitors at this point so would like to do as much as possible ourselves. I believe this is possible.

    The Property is privately rented but the rent was paid by council so not sure if that changes matters. For some reason payment has been stopped. Sure council discovered benefit fraud or something like that. We are waiting to hear back from the council on this.

    An AST issued to the tenants in Feb 2008 for fixed period of 6 months.

    In Feb 2009 the tenants were issued with a Section 21 (1) (b) Notice to Terminate the tenancy.

    The last payment towards rent was in Aug 2010 and nothing in the last 8 months has been received.

    Stupidly, my partner returned the deposit to the tenant on 30th Aug 2010 when the tenant said they would be vacating on 1st Sept 2010. Don't ask me why it was paid before the tenant vacated.

    So my query is how can we get rid of this tenant ASAP.

    Is the original Section 21 Notice to Terminate still valid? I think i read somewhere it was valid for 12m which would mean it has expired.
    Will we need to issue a new S21 and if so can this be done at anytime since in effect there is no fixed term in place now?
    Or, can we issue a S8 on grounds of unpaid rent and give 14 days notice before issuing possession proceedings at court.

    We just want to be rid of these people ASAP they have been a nightmare to my partner and to the neighbouring properties.

    Any advise/guidance would be extremely helpful.

    Orig s21 is valid for duration of orig Tenancy & resultant stat periodic T.
    Apply for s8 repossession citing >2 months unpaid rent. Don't do anything else without a Court order for repo unless T surrenders tenancy by handing back the keys and departing voluntarily.

    Unless you have a signed DPA consent form from the T and/or Council have copy of same, I doubt they will tell you much about Ts LHA payments other than to confirm/deny a live claim.
    Even with DPA consent form the info they will reveal is limited. IME


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