End of tenancy & wanting tenants to leave due to persistent over due rent.

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    End of tenancy & wanting tenants to leave due to persistent over due rent.

    Hello all, I've had a quick look around this forum and I could easily lose a few hours reading the posts. But I need to find out some important information and I feel I have come to the right place.

    So my situation is, my tenants signed a 6 month AST which as rolled over into a year this October 16th. They have persistently been in arrears since day one, I gave into the 'I'll pay more next week/month/excuses excuses' but enough is enough. They are currently 6 weeks behind, not the golden 2 months/8 weeks yet.
    I have spoken to a letting agent who advised me to inform them I would not be renewing the contract due to the overdue rent issue, and I should tell them to vacate on the 15th October.

    So my questions are;
    Is the agent correct?
    Do I have to wait until they are 2 months behind.
    Do I just inform them I will not be renewing the contract, if so what notice must I give?
    Can I issue a section 8, ground 11, and give them 2 weeks notice?

    Thank you in advance for any advice.

    Lorraine.

    #2
    You can ASK them politely but they are quite entitled to stay.

    Surprised you haven't served s8 (several) & s21 months ago. Suggest you do so, today.

    Then evict with s21. Are you confident you've complied with all pretty: requirementd?

    S8 and s21 do not end tenancy nor require tenant to go. They simply permit start of court action when they expire (if valid).
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      No (well they might fall for it, but it's not actually right).
      You have to wait until they owe two month's rent to serve a section 8 notice with the mandatory ground 8. However, if the tenant pays enough rent to get below 2 month's owed before the hearing, it will then fail.
      You have to give them a minimum of two months notice (make sure you add some time for delivery if posted).
      Yes.

      You might find that any notice causes some improvement.

      You will probably find that s21 notice is more certain than s8, because there's no need for grounds, you are simply asking the tenant to leave and then going to court to repossess when they don't.
      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


        #4
        When you say it just rolled over do you mean that they now have an SPT and not a renewed AST? If so then just serve and act on a s21 notice now

        Comment


          #5
          Thanks to all, a section 21 it is then.

          Comment


            #6
            And s8 - g10 & 11 at least. If only so you can later show it to local council if these scr*ots try and get rehoused by them. Council will hopefullu then class them "intentionally homeless" and leave them on theor own...
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #7
              They came form the housing unit in the first place! I wont fall for that one again. My concern is housing will tell them to stay put. I'm going to writ to them today to advise them to move on, and if I have to take them to court I will, and I'll claim everything back, court costs and all. That will screw up their credit rating, better than mine being screwed up because they didn't pay their rent!

              Comment


                #8
                All true, but in your shoes I'd either say all that or write a calmer, less direct letter: Harassment & Protection from Eviction Acts (unlikely but...) are both a criminal & civil offences: See PoE 1977...
                http://www.legislation.gov.uk/ukpga/1977/43/part/I
                ....the landlord of a residential occupier or an agent of the landlord shall be guilty of an offence if—

                (a)he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household, or

                (b)he persistently withdraws or withholds services reasonably required for the occupation of the premises in question as a residence,

                and (in either case) he knows, or has reasonable cause to believe, that that conduct is likely to cause the residential occupier to give up the occupation of the whole or part of the premises.....
                ...
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                Comment


                  #9
                  Agree with Artful. Dont let it get personal. S21 notice now, nothing else and agree tbat you take it all ths way to CCJ

                  Comment


                    #10
                    Funny enough, thats exactly what I have just sent. I'd much prefer an easy removal of the tenants, such a shame though as they always looked after the property. but rent is rent, it must be paid. I sent a spreadsheet showing how they have been in arrears almost from the first month. They are one week short of 2 months in arrears now, time will tell what the next fews weeks will hold, wish me luck!

                    Comment


                      #11
                      Rent increase during a section 21.

                      Trying to delete post.

                      Comment


                        #12
                        Originally posted by LorraineB View Post
                        ,..................... the tenants are being asked to leave due to irregular payments and 2 months overdue rent. .....
                        Hope you've served s8 g8, 10 & 11 then! And make sure council know so they don;t waste scarce rosources on them.

                        If an s13 would be valid, s21 doesnt change that. Serve it!
                        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                        Comment


                          #13
                          Thank you, I just spotted my answers as soon as I'd shared the post. So trying to delete it. Want to do a s8 but they are just keeping under the full 2 months, so just a g11 will be a waste of time. This Friday will be the crunch point if the promised rent doesn't go in, then I'll be issuing the docs via a solicitor. Council are working with them and us, and doing their best to support.

                          Comment


                            #14
                            No, issue s8g11 & 10,make sure council know, ensure council (tax payer) doesn't waste money & housing on them
                            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                            Comment


                              #15
                              Two related threads have been merged.

                              Originally posted by LorraineB View Post
                              Trying to delete post.
                              Members can't delete the first post of a thread as this would also delete the thread, which would be a tad rude if other people have already replied since their replies would be discarded also.
                              I also post as Mars_Mug when not moderating

                              Comment

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