Correct Procedure to Evict my tenant??

[Smiler]

I have a long standing family as tenants (~ 10 years)that are on Housing Benefit. I get paid below market rent but I'm ok with that as they don't come running to me every two minutes with problems, plus they treat the house as a home (they even decorate it)

I was always upfront with them in telling them the minimum amount I would accept in Rent (HB is about 80% of the rent and I accept this figure with no top up)

Earlier this year the eldest of their children turned 18 and as a result the HB was reduced, reduced to a figure I wasn't happy with so I informed them that they would have to make the rent up by the tune of ~ £60 every four weeks.

In July I issued them with a new 12 month AST (because HB needed to see a TA even though they were told that legally they didn't need one as the previous one simply rolled over). At the time I stressed to them that they needed to start making up the rent and also pay an additional sum to pay of the arrears of sum £3-400. I suggested a sum of £100 pm.

Since then nothing.

I suspect that they are taking advantage so I want to issue then with notice to quit.

Can I assume that I can issue this at any time up to four months into the AST with the notice to quit to expire six months into the 12 month AST?

[cillitbanger]

Assuming you didnt insert a 6 month break clause in the new 12 month TA then you cant get them out until next July when the tenancy ends!
Also have you put their deposit into the new scheme?

It seems you have shot yourself in the foot over this issue my friend

The only way you can get them out is by issuing a S8 when they become 2 months behind with their rent
HTH

[Colincbayley]

Issue a S.21 now to expire at the end of the fixed period. Just as a back up
Also issue a S.8 notice for unpaid and late payment of rent.

[ah84]

Can any of the experts answer the following question?

Say original lease was pre feb 97 and landlord did not serve section 20 notice.

Now he offeres tenant a new lease and tenant signs.

Is this now an AST or still an AT and hence a section 21 will have no standing?

[Poppy35]

if a new contract has been signed then its a new lease and the previous contract does not matter.

Do as Colin says and Issue S21 now and then S8 once they are 2 months in arrears.

[ah84]

ok then so question to original poster.

Do you have a copy of this new AST signed by tenants? If yes follow advice others have given.

If not when exactly did original lease start?

[Bel]

if a new contract has been signed then its a new lease and the previous contract does not matter.

Do as Colin says and Issue S21 now and then S8 once they are 2 months in arrears.

See: http://www.landlordzone.co.uk/reside...tenancies.htm:

"Point to Watch for Landlords:

Once a tenancy has been created it cannot be changed to another type of tenancy by or on renewal. "

The article contradicts Poppy's advice. I would be interested to know where the articles advice is supported in law. Anyone?

Of course the tenant may be blissfully unaware that they have/had security of tenure if the dates are before 28 February 1997

[Esio Trot]

Of course the tenant may be blissfully unaware that they have/had security of tenure if the dates are before 28 February 1997

UNTIL they receive the court possession papers - you can be assured that they will be advised of their legal status.

[jeffrey]

Once a tenancy has been created it cannot be changed to another type of tenancy by or on renewal.

The article contradicts Poppy's advice. I would be interested to know where the articles advice is supported in law.

1. An AST cannot be followed by an SAT to same T. L cannot strip-away T's protection.
2. Any new 1988 Act tenancy (even a renewal) is an AST unless Schedule 2A of 1988 Act applies.
3. See para. 7 of that Schedule. If an SAT is followed by a renewal, this renewal is not an AST unless L serves a Notice (under para. 7(2) thereof) BEFORE the renewal is granted in order to make it into an AST.

[Smiler]

Having checked my records (just as well I keep the financial side) they moved in sometime in August '98.

Thankfully this year when they told me that the Benefits services wanted to see a Tenancy Agreement I downloaded one from the NFRL website (of which I am a fully paid up member).

Having checked it there is indeed a Landlords Break Clause stating that I have the right to terminate the tenancy at the end of the first six months

The tenancy was signed on the 27th July, so can I assume I should serve a S21 sometime before 27th November giving two months notice?

[cillitbanger]

Good for you! yes serve it on the 26th November as you have to give a full 2 months notice. Good luck!

[Colincbayley]

Good for you! yes serve it on the 26th November as you have to give a full 2 months notice. Good luck!

Serve the S.21 now, the tenant might take the hint and move before hand, also you will need to allow a couple of days for the notice to be received, so don't leave it until the last minute, allow yourself extra time.

[Smiler]

Thanks for all the comments.

I'll serve the S21 in the next couple of weeks as ideally I do want them to stay as I haven't had a void for over 9 years (plus they do treat it as a home)

[Bel]

http://www.landlordzone.co.uk/residential_tenancies.htm is the correct link. Could not edit post.