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my tenant is two months in arrears, is constantly late with

Resolved Question:

my tenant is two months in arrears, is constantly late with payments and does not take care of my property ie.has damaged furniture. what is the correct legal notice I can give them?
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Is this a residential assured shorthold tenancy?


Tom

Customer: replied 3 years ago.

it is a fixed term of twelve months which expires on the 02/09/2011 but yes, it's an assured shorthold tenancy

Expert:  Thomas replied 3 years ago.

Hi,

 

If your tenant is two months in arrears with the rent and they pay the rent monthly then you can serve a s8 Ground 8 Housing Act 1988 notice upon the tenant requiring possession. The notice period for this is two weeks.

 

If the tenant has persistently paid rent late then you can also serve a s8 Ground 11 Housing Act 1988 notice on them. Notice period again two weeks.

 

It is very important that the notice is in the correct form. You can google "s8 ground 8 (or 11) housing act 1988 notice download" and a list of document providers will be generated.

 

It is also very important that the notice is served correctly. There are good notes here at the top of page 6:-

http://www.landlordzone.co.uk/pdf/servingS8.pdf

 

If the tenant does not leave following expiry of the notice then you will have to apply to Court for an order for possession. If you have a written tenancy agreement you can use the accelerated possession procedure in order to dispense with a court hearing, however if you also wish to obtain a money judegment against the tenant at the same time then you should not use this procedure. Your local county court will be able to tell you how to get the correct forms.


If the tenant does not leave after the court has made an order for possession then you will have to apply to Court for a warrant for execution so that the Court bailiff effects eviction.

 

If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.


Kind regards,


Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6298
Experience: BA (Hons), PgDip, Practising Solicitor
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