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Thomas
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Tennant has moved a friend into the property the property has

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Tennant has moved a friend into the property the property has been badley damaged in which they have broken into a locked room and taken down the ceiling and all the plaster off teh walls this has now caused the roof to leak into the property, curtains have been ripped, other curtains have been burnt, vynal in kkitchen ripped beyond repair, kick holes in the living room wall, whole living room painted with with gloss, window in living room broken, damage to paitwork in the hall and landing, rent is now overdue by two weeks. We have asked them to leave they have verbally agreed but we are worried that they wont and we don not know how best to handle this. The tennant only moved in Oct 2009. Never rented before....HELP
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

HelloCustomer

 

Thanks for your question.


If the condition of the dwelling house (or common parts) has deteriorated owing to acts of waste by, or neglect of, the tenant or any person residing at the dwelling house and the tenant has not taken reasonable steps to remove that other person then you can serve a S21 Ground 13 Notice under the Housing Act 1988 on the Tenant seeking possession of the property and giving two weeks notice to vacate.

 

It is very important that the notice is in the Court form, if it is not then you may have to start the process again at a later date. Notice forms are available for download here:-

 

www.lawdepot.co.uk/contracts/eviction-notice-forms

 

If the notice period expires and the tenants have still not left then you will have to make an application to Court for an Order for possesion.


If rent arrears are outstanding after they have vacated then you should write a formal letter before action to them specifying the tenancy agreement, the termination, the rent outstanding and to which period the arrears relate, send it by recorded delivery and keep copies of all correspondence (including the notice itself above), start a file – it will help you late if you have to make a claim at Court for the arrears.

You can recover the money owed in arrears of rent yourself by using HMCS's online service www.moneyclaim.gov.uk. It’s very straight forward, cheap and very easy to use.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom



Edited by Thomas on 3/1/2010 at 2:24 PM EST
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
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