Want to evict tenant - advise please

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  • Want to evict tenant - advise please

    Hi

    My tenant has rented my property for almost 12 months (expires on 26th Feb). I wish to evict him on the basis that he keeps damaging the property and is sometimes late with rent (up to 7 days). I know I have to serve him S21-1B asap ideally before 26th. However I also served him a S13-4B for proposed rent increase after 26th for periodic tenancy. The S13-4B was served about a month ago before the damage got worse.

    My question is will a S21-1B override the S13-4B ie will S13-4B be nullified?

    Thanks in advance.

    J

  • #2
    i dont think it will matter about the s13. But make sure you serve the s21(1)(b) before the 26th feb. It doesnt have to fall on a rent day just give at least 2 months month and working day for service. Send 1 by post (with proof of postage) and 1 by hand.

    If you wait until after the 26th feb you will have to use s21(4)(a) and the 2 month notice fall on the day before the rent is due which will mean 26th may.

    DO IT NOW

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    • #3
      Originally posted by tsu3000 View Post
      Hi

      My tenant has rented my property for almost 12 months (expires on 26th Feb). I wish to evict him on the basis that he keeps damaging the property and is sometimes late with rent (up to 7 days). I know I have to serve him S21-1B asap ideally before 26th. However I also served him a S13-4B for proposed rent increase after 26th for periodic tenancy. The S13-4B was served about a month ago before the damage got worse.

      My question is will a S21-1B override the S13-4B ie will S13-4B be nullified?

      Thanks in advance.

      J
      Sorry for pedantry, but accuracy is important.
      There is no such provision as S21-1B; it's s.21(1)(b), of Housing Act 1988.
      Even less is there such a provision as S13-4B. Did you mean s.13(2), of that Act, relating to rent increase procedures and Notice of Rent Increase proposed?
      Perhaps your references might have been to Law Forms Publishers' catalogue numbering?
      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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