Section 21 with No AST and weekly rent paid!

[justaboutsane]

I have just had a call from a friend, he recently bought a shop with a flat above it. The tenants have been in situ in the flat for about one year. When he purchased the building he was not issued with an AST or Bond. He now wants to evict the tenants as the flat is a mess and the tenants have over run the bath on several occasions causing damage to the shop below. He wants to issue a section 21 but there are no documents to help. The other issue is that the rent is paid weekly in cash on a Friday.

Questions are!

a) can he issue the section 21?
b) If he can issue the section 21 what end date should be used (My guess is 8 weeks on Friday)?
c) If None of the above is he stuffed!

Thank you (I have searched for an answer but can't find one!)

[davidjohnbutton]

Before your friend does any issuing of notices, it is best to get in touch with the solicitor that handled the purchase and ask if the vendors solicitor or his client has the written tenancy agreement, and what were the bond arrangements if any.

Having this info the hand will determine which S21 notice to issue (i.e. 21a or 21b - get it wrong and the court can throw the proceedings out) and what possession date to put on it.

[justaboutsane]

The Vendor stitched them up, they have no documents and no bond. I don't know the full ins and outs, we have known this guy for only a few weeks, all I know is there is no AST and no bond, the tenant has lost the bond anyway as the place is a mess. It has not been cleaned in months and is being allowed to rot.

From what you are saying maybe its best of he goes to a solicitor? Or can landlordaction help? I will recommend them instead I think........

[oaktree]

If I was your friend I'd go back to the solicitor who acted for him in the purchase and ask why the lack of tenancy agreement didn't flag up any warning bells with him (or her, mustn't be sexist)

[Andy Parker]

Your friend can issue a section 21 giving 2 month's notice.If the tenancy is periodic (ie the original fixed term has ended or there was no original agreement ) the expiry date must be a Thursday if the rent is due on Friday weekly.The tenants should have a rent book so your friend should start one asap.If you use the 'Lawpack' wording or similar the s21 will cover fixed term and periodic notices.Your friend can then use the normal eviction procedure to get rid of the tenants (if they are still there after expiry date).The absence of a written agreement doesn't make that much difference and your friend will definitely get her flat back if the details you have given are accurate.