Tenant Damaging Property

RAS

You need to get a section 21 notice out promptly.

Get some very careful advice as to the dates on this, if you get it wrong, you cannot evict them.

clutton_2

are they up to date with their rent ? or have they only paid the one week in May ?

lynzpower

Just out of interest: If the original tenant subletted, how is a s21 completed, how do you know which date to serve? Is it the rent collection day?

olly300

lynzpower wrote: »

Just out of interest: If the original tenant subletted, how is a s21 completed, how do you know which date to serve? Is it the rent collection day?

It would be on rent collection day.

However if they can prove the date in the month is different then you are screwed as you would have to start the process of eviction again.

Edited: By the way I was told the information about subtenants from a landlord and subsequently checked it out with Shelter. It's a shame more landlords don't check out the law before acting.

rockinter

clutton wrote: »

are they up to date with their rent ? or have they only paid the one week in May ?

Yes they are upto date with the rent.

Cissi

rockinter wrote: »

Yes they are upto date with the rent.

Rockinter, if you want people here to give you any real help then you need to give us all the information, not just bits of it. On what date exactly did they first pay you rent? Have they been paying weekly since then? I think if this is the case then they would have to give you 4 weeks' notice, but I'm not sure how much notice you have to give, 8 weeks or 2 months - someone else will know more. As has been said over and over again, it's crucial to get the dates exactly right.

My guess is that you would have to give them either 8 weeks or 2 months' notice to leave at the end of their 6-month AST, ie sometime in November depending on when in May you first accepted rent from them. You may already have missed this date and then you're looking at some time in December.

Is someone able to clarify the point about rent paid weekly/monthly? If paid weekly and the LL issues a S21 with 2 full months' notice, to leave exactly 6 months after the contract started, would he be covered? If he's missed the date, can he issue notice to quit on the same date in December?

clutton_2

rockinter... this is a complex situation you are in... and if you try to do this yourself in the local County Court you will in all probability have wasted £150 on court fees and lost 3-4 months and the tenants will still be there in 2011

Either - go to a solicitor and it will cost you possibly more than £1000 or approach Landlord Action whose sole business is about getting tenants out

or

join national landlords association (less than £100) and get their legal help line to talk you through what to do - but ifyou go this route you will have to go to court yourself....

relying on a forum for complex legal advice is madness....

you clearly have little grasp of what to do ... so... get some proper help.....

tbs624

rockinter wrote: »

Yes they are upto date with the rent.

rockinter - slight side issue, but you mentioned that their first payment was for a week. If they are paying you weekly then you *must* by law provide a rent book.

See here for LLLaw info and links on regaining repossession of your property. - you need to stop posting on here and get things under way