Tenant issues - please help!

[JenniferJane65]

Can anyone help please? It's a little complicated but will try to keep it short. I rented my property on a 6 month AST to someone who owns next door and wanted to buy my property to knock through. It all started off well but the sale fell through - no fault of anyone's in particular and he has turned nasty. His tenancy ended on 31st October but he refused to leave and said he'd leave when he wanted. (even though he owns the empty property next door!) He was supposed to pay the rent for November on 26th October but obviously cancelled his direct debit because I didn't receive it and still haven't. I tried to take a prospective new tenant around there (giving him 24 hours notice) but it was hopeless as the tenant was obstructive and abusive. I have written him formal letters requiring him to leave on Nov 30th and follow up letters about rent but he hasn't responded. I then read I should have given him two months notice, so do I need to do this now or does the fact that his rent is now over 16 days late, mean this is void and I can get him out? I requested a meeting giving him 24 hours notice but he said it wasn't convenient. What on earth can I do?

[rebel11]

Hi jen

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

In the meantime :- http://england.shelter.org.uk/get_advice/eviction

 

http://www.communities.gov.uk/documents/housing/pdf/138289.pdf

[pierceandco]

...

Edited November 13, 2011 by pierceandco

[mariner51]

JJ, A Tenancy does not end at end of 6 month (fixed term) AST. No LL letter or s21 Notice can act as a Notice to Quit. The T is entitled to stay until LL gets Court Order for repo. s21 Notice just allows LL to seek Court repo order after 2 months if correctly completed & served. Before LL can serve a valid s21 any deposit taken must be protected in a govt-approved scheme and the 'prescribed info' of the deposit account given to T by LL

 

In your case the AST is now a statutory periodic tenancy, requiring T to give 1 month Notice, LL 2 months, assuming rent reqd monthly Repo order still reqd by LL. Dates are critical for s21a (SPT)

 

As soon as T misses another rent due date, so 2 months rent owed, you can serve a s8 ground 8 notice for repo order, mandatory if T still owes 2 months rent at time of hearing. s8 period is 14? days. You MAY be able to get a hearing date before s8 expires, provided actual hearing takes place AFTER s8 expires. T is now aware of your inexperience so may hang around forcing you to pay for bailiffs (more time) to effect his eviction. You may be lucky and get a hearing before Xmas, ring your local County Court to check.

[Steve__M]

Issue a Section 21 - it has to give two full rental months' notice - ie. if the rent covers the period from 1st of month to last day of month, you can issue notice now to end tenancy on 31st January.

 

If he refuses to move, you should be able to apply for accelerated possession.

 

Under this scenario you'd need to sue him for the unpaid rent in a separate process.

 

Section 8 for failure to pay the rent is another option but is more complicated and can take more time as it requires evidence of failure to pay rent, and tenant can pay just enough rent and potentially avoid eviction. I think you can do both processes at the same time.

 

Although technically it is straightforward to do all the above, you might want to consider getting a solicitor involved to add weight to what you are doing. I don't know what it would cost.

 

Iamnotalawyer.