Let to so-called friend but no written Agreement

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  • Let to so-called friend but no written Agreement


  • #2
    Yes, you can still evict him even without a AST ( Although it hasn't helped you by not having one )

    Issue a S.8 notice for late and non-payment of rent and also a S.21.
    With any luck, he may just leave.
    If not, then seek possession via the courts.

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    • #3
      Ok, thanks for that.

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      • #4
        Just one other thing.... do I have to give the tenant 2 month notice with a S8 as you do with a S21?

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        • #5
          On s8, you only need to give 2 weeks notice before you go for court proceedings.

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          • #6
            Originally posted by tahmur View Post
            On s8, you only need to give 2 weeks notice before you go for court proceedings.
            ...unless the Notice specifies not only g8/10/11 (or one or two of these) but also g1,2,5,6,7,9,or16. Use of these (or one or more of these), with or without any other grounds except g14, necessitates a two-month Notice period, See s.8(4A) and s.8(4B).
            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).

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            • #7
              Jeffrey,

              should the OP also send tenant a S48 notice of Landlords address, so that he can validly claim the rent (even though the friend most likely knows where he lives) ?
              All posts in good faith, but do not rely on them

              * * * * * ** * * * * * * * * * * * *

              You can search the forums here:

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              • #8
                The grounds I'm evicting him with are 8, 10 & 11 if this is any help.

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                • #9
                  Originally posted by Bel View Post
                  Jeffrey,

                  should the OP also send tenant a S48 notice of Landlords address, so that he can validly claim the rent (even though the friend most likely knows where he lives) ?
                  Yes. To avoid Dirty Stop Out's so-called friend T clutching at this straw, serve Notice under s.48 of LTA 1987 specifying L's "address in England and Wales at which Notices (including Notices in proceedings) may be served on [L] by [T]."
                  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).

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                  • #10
                    Originally posted by Dirty Stop Out View Post
                    The grounds I'm evicting him with are 8, 10 & 11 if this is any help.
                    Yes. That means a simple two-week Notice period (and not the longer period which I mentioned).
                    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).

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                    • #11
                      Where can I get a S48 from?

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                      • #12
                        You cant.

                        Just send a letter advising your tenant in writing of your contact details as required under S.48 of the act.

                        That's all you need to do.

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                        • #13
                          Originally posted by Colincbayley View Post
                          You cant.

                          Just send a letter advising your tenant in writing of your contact details as required under S.48 of the act.

                          That's all you need to do.
                          A letter is OK, I agree, but you CAN buy/download a formal s.48 Notice (despite Colin's doubts).
                          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


                          • #14
                            Originally posted by jeffrey View Post
                            A letter is OK, I agree, but you CAN buy/download a formal s.48 Notice (despite Colin's doubts).
                            Great, i've learned something new for today.

                            Any ideas where I can get one, for my own use?

                            Comment


                            • #15
                              Originally posted by Colincbayley View Post
                              Great, i've learned something new for today.

                              Any ideas where I can get one, for my own use?
                              Most Law Stationers, I guess. Try Shaw's Forms at www.shaws.co.uk (not a relation of mine) and Oyez at www.oyez.co.uk or www.oyezformslink.co.uk.
                              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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