Tenant eviction notice advice..

sharpharp

Hi,


Anyone able to offer some advice on what things to include in a tenant eviction letter and what to say or what not to say?


Tennant is well beside on rent, called the tenant several times and also visited over the last few weeks. Tenant is unemployed and on benefits, multiple kids etc and been promising to make up, but as every week passes, only been getting smaller payments here and there and don't see any way the tenant will make it up and keep getting excuse after excuse now.


Any advice would be appreciated.

theartfullodger

Forget letters: Serve s8 with such grounds as are valid & s21 if possible, Then evict through courts.

Explain calmly & politely to tenant that as there are arrears you will feel duty bound to inform council of this, with copy of s8 and they will likely treat her as "intentionally homeless" and not rehouse her. Kids should looked after...

Welcome to Theresa's Britain...

What were her credit checks & landlord references like? When did she move in & are you sure you've done everything legally required of you as landlord?

G_M

It's all laid out in the notice you have to use. either a S21 Notice (2 months, no reason) or S8 Notice (quicker must have reason eg rent arrears).

Now read:

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

sharpharp

Thanks for the replies.... The rent is now 2 months in arrears.


Can I ask a quick question, what does the BOLD part of this contract statement mean in laymans terms>>> below >>>>


Provided that if the Rent or any part thereof shall be in arrear for at least fourteen days after the same shall become due (whether legally demanded or not) or if there shall be a breach of any of the agreements by the Tenant herein contained or if the Tenant shall become bankrupt the Landlord may re-enter upon the premises and immediately thereupon the tenancy hereby created shall absolutely determine but without prejudice to the other rights and remedies of the Landlord.


Could I just have a conversation and ask the tenant to leave within the next 2 weeks? or does this have to be done formally? Ideally I want them out in 2 weeks, or would it be 2 months according to your replies via an s8?

tacpot12

The bold part is gobbledy-gook. Have you typed it word for word or has a spell checker replaced any words incorrectly?

If the text above is what is in the contract, you can't use it to evict the tenant unless they go willingly, a judge will just laugh at it if you go to court because it is so poorly drafted.

Use S8 of the Housing Act if you have good evidence of the arrears, e.g. a dated written statement of account signed by the tenant as a true record of what has been paid and is owing at the time it is signed. Use S21 otherwise.

anselld

It looks like the wording of a "peaceable re-entry" clause from a Commercial lease. It is not applicable to a residential AST and you must follow the S8/s21 as advised above. In fact any serious discussion of being "out in two weeks" risks crossing the line into harrassment of the T (ie a criminal offence).

theartfullodger

The bit in bold is there (rarely understood by many) is to cover the case if tenant leaves. In which case it is no longer an AST so no s8, no s21 options.

(e.g. NLA tenancy

4. Termination
...etc etc etc....
4.2
If the Rent or any part shall be in arrears for at least 21 days after it shall have become due (whether legally demanded or not) or if there shall be a breach of any of this Agreement by the Tenant, the Landlord may re-enter the Property (subject to the Landlord obtaining a Court Order for Possession) and immediately thereon the Tenancy shall terminate without prejudice.
...etc etc etc...

)

Ignore it in your situation.

Guest101

S.21
S.8

You'll have it back in 2-3 months, council may step in before then.

Whilst I agree it's intentionally homeless, it's much cheaper to house a family than care for even one child.

Marvel1

sharpharp wrote: »

Could I just have a conversation and ask the tenant to leave within the next 2 weeks? or does this have to be done formally? Ideally I want them out in 2 weeks, or would it be 2 months according to your replies via an s8?[/SIZE][/FONT]

After reading this, I would now suggest full reading on on the landlord business, e.g. the law you must follow and rights of the tenents.

Good luck.

G_M

sharpharp wrote: »

Can I ask a quick question, what does the BOLD part of this contract statement mean in laymans terms>>> below >>>>


Provided that if the Rent or any part thereof shall be in arrear for at least fourteen days after the same shall become due (whether legally demanded or not) or if there shall be a breach of any of the agreements by the Tenant herein contained or if the Tenant shall become bankrupt the Landlord may re-enter upon the premises and immediately thereupon the tenancy hereby created shall absolutely determine but without prejudice to the other rights and remedies of the Landlord.


Could I just have a conversation and ask the tenant to leave within the next 2 weeks? or does this have to be done formally? Ideally I want them out in 2 weeks, or would it be 2 months according to your replies via an s8?

Yes, of course you can "have a conversation and ask the tenant to leave within the next 2 weeks". But you must understand that you are asking, not telling. The tenant can say 'No' and that clause will not help you one jot!

There are only 3 ways an AST can be ended:

1) the tenant gives proper notice to the landlord
2) the tenant and landlord mutually agree an 'Early Surrender' (ie following that 'conversation')
3) a court ends the tenancy and grants the landlord possession (following a S8 or S21 Notice)

Now read the link provided in post 3 above!

G_M

cjdavies wrote: »

After reading this, I would now suggest full reading on on the landlord business, e.g. the law you must follow and rights of the tenents.

Good luck.

* Tenancies in Eng/Wales: Guides for landlords and tenants