Eviction/possession timelines help

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    Eviction/possession timelines help

    I want to evict my tenants as they are persistently late in rent, the first time they admitted rent was intentionally not paid due to a faulty dishwasher that I got repaired within two weeks.

    They have also broken other clauses such as smoking cannabis in the property, outside the window which the upstairs flat and other neighbours have complained to me about.

    The AST started on 26th Feb 2016 so I'm not quite at 4 months to serve a s.21 but so I also need to serve a s.8 and can I/should i serve this at the same time not can I serve a s.8 now?

    The timelines are a little confusing as I need to wait 2 months after serving the s.21 before they go but under grounds 11,12, and 13 under s.8 I can give them 2 weeks so which one takes precedent? Do I have to wait 4 months before issuing the s.8 like I do with the s.21?

    Finally to confirm, I have an AST, deposit protected with prescribed info sent, the right to rent was emailed, inventory done, EPC provided, (no gas in property) but proof of service was mainly by email so I'm just wondering if that is sufficient as my email client doesn't have a 'read receipt' function but they've replied with thanks to some.

    #2
    You have too many questions within questions fo me.
    Forget about the Sec 8 is my advice.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

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      #3
      Originally posted by thesaint View Post
      You have too many questions within questions fo me.
      Forget about the Sec 8 is my advice.
      Yes but you cannot use Section 21 to gain possession of your property during the fixed term. I am just shy of 4 months in and I want them out asap.

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        #4
        How long is the fixed term?

        Comment


          #5
          12 months from 26th Feb 2016

          Comment


            #6
            I see. I never give 12 month tenancies to people I don't know.

            I can't see a judge making someone homeless just because they smoke a spliff or two, and paid rent late 3 times.
            Allow tenants to protect their own deposits. I want free money when they do it wrong

            Comment


              #7
              Tell the neighbours to take their complaint to the police - the tenant smoking drugs isn't really your problem, you didn't adopt the tenants, they're renting a property from you.

              If they're only sometimes late in paying rent, your chances of a successful s8 are virtually zero.

              You can't issue a valid s21 notice until nearer to the end of the fixed term as they expire - if you don't start proceedings six month's after service, they cease to be valid.

              I'd expect the tenants to be there for a reasonable amount of time, so it might be better to talk to them about paying rent on time as, otherwise, they sound like OK tenants.
              (try explaining that you need it to pay your BTL mortgage and are worried that if they keep paying you late, you'll have a problem with the mortgage lender and their home may be at risk).
              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

              Comment


                #8
                3 out of the 4 months have been late and I've had to chase and argue over this with them.

                The smoking of weed in my property is my problem if I've got a clause in my AST saying they can't. It's a leasehold property and there's a covenant in the lease that makes this my problem as the head leaseholder can bring a claim against me as leaseholder . They've damaged things and it's not just one neighbour complaining about them.

                12 month AST's is the only option I have as 6months is classed as a short term let which isn't allowed within the lease.

                If s8 isn't going to work, I guess I'll ask them if they're open to a deed of surrender

                Comment


                  #9
                  Originally posted by Shyam View Post
                  12 month AST's is the only option I have as 6months is classed as a short term let which isn't allowed within the lease.
                  If they won't allow you to let shorter than 12 months, then they can hardly complain if you can't get them out until after 12 months.
                  Serve a Sec 21 when possible, and that's that.

                  Of course they may surrender the property, but I don't see what's in it for them.
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

                  Comment


                    #10
                    Does the AST even allow you to serve s8?

                    Comment


                      #11
                      Originally posted by Shyam View Post
                      3 out of the 4 months have been late and I've had to chase and argue over this with them.

                      The smoking of weed in my property is my problem if I've got a clause in my AST saying they can't. It's a leasehold property and there's a covenant in the lease that makes this my problem as the head leaseholder can bring a claim against me as leaseholder . They've damaged things and it's not just one neighbour complaining about them.

                      12 month AST's is the only option I have as 6months is classed as a short term let which isn't allowed within the lease.

                      If s8 isn't going to work, I guess I'll ask them if they're open to a deed of surrender
                      Tenants pay rent late, it happens.
                      A court won't evict someone for paying rent late.

                      While you might have a clause in your contract saying people can't smoke something, people are going to.
                      There's an imbalance between what your leaseholder can do if you breach your covenants and what you can do to your tenants if the breach yours, which is a long term concern.

                      Personally I'd take the chance and issue a six month tenancy agreement next time (even if it breaches your lease covenants) rather than risk the bigger problem of potentially having multiple breaches of other covenants and no way to correct them.

                      There is absolutely nothing you can do about your tenant's behaviour (other than ask them to leave or evict them in a few month's time) so complaining to you isn't really going to help anyone.
                      And you should probably tell anyone who complains to you that.
                      They might take it up with the management company, I suppose, but there's again nothing much you can do about it.

                      You might have to bribe them to leave.
                      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                      Comment


                        #12
                        This is the only time you will see me recommend a 12 month tenancy with a break clause after 6 months.
                        Allow tenants to protect their own deposits. I want free money when they do it wrong

                        Comment


                          #13
                          A much better idea than mine!
                          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                          Comment

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