Tenant still on SAT, do I use Sheriff Court or Tribunal to evict?

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    Tenant still on SAT, do I use Sheriff Court or Tribunal to evict?

    I have a tenant who has been on an SAT rolling over on tacit relocation for six years. No rent increase over that time, no new tenancy agreement entered into and so he had not changed over to the new prescribed agreement. He was receiving LHA and because he is a vulnerable adult his LHA was being paid direct. Every couple of years we had an issue when his case came up for review, but the tenant always worked with me and got the situation sorted within a few weeks and his rent was always backdated so no rent arrears once everything got going again. Other than these minor inconveniences he's been a great tenant. In December he moved to UC. Since then I've only received two months rent, paid by the tenant and not directly by the DWP. He has consistently stated that he was asking the DWP to pay me direct, as before, and that they had agreed to do this but no payments. I've had promise after promise that the rent would be into my bank account by the tenant "tomorrow", which would suggest that it has been paid to him. I'm now going to take action to evict.

    His AT5 and other prescribed forms were signed, dated and time stamped before the lease was signed when the tenancy agreement was entered into initially. I sent him the new Notice to Leave in Jan, but then he paid the £700 which brought him up-to-date, all but 2 weeks and I said I would suspend the notice to see if the rent began to come in regularly, and it has not. The action date on his Notice to Leave was 23 April. Given that he has had that form, do I now apply to the First Tier Tribunal for an eviction order or do I have to go to the Sheriff Court as he's on an SAT?

    #2
    Ftt,.............
    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...

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      #3
      Very helpful, thanks.

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        #4
        Hi. If the tenancy is a SAT it’s a Notice to Quit and Section 33 Notice you need to serve. You must give two clear months notice stating the ish date as the end of Notice date. The ish date is the six month end date in the SAT. Serve by Recorded Delivery/signature required. The Notice to Leave does not apply to pre 1 December 2017 tenancies, The First Tier Tribunal will reject it.

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          #5
          Go onto Universal Credits website, there’s a form for landlords to complete asking for the housing/rent benefits to be paid direct.

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            #6
            Thanks, Sheena.

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