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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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my tenant is not paying her rent, I have told her I will not

Resolved Question:

my tenant is not paying her rent, I have told her I will not be renewing her contract and asked that she leave the premises on 15 March. I've been told she has no intention of leaving. What can I do?
Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas replied 2 years ago.

 

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. When does the fixed term of the tenancy agreement expire?

Kind regards.

Tom

Customer: replied 2 years ago.
It expires 25 March 2012
Expert:  Thomas replied 2 years ago.

Hi,

Thanks for your question.

Under the housing act legislation a landlord can only evict a tenant earlier than the expiry of the fixed term of the tenancy in certain ways

IN the case of rent arrears a landlord may only serve a notice under this ground once the tenant is in two months arrears with their rent (if they pay their rent monthly). If you tenant is two months in arrears already then you must serve a s8 notice citing ground 8. If the tenant is not yet two months in arrears then you must wait until they are. The notice period for this is two weeks.

You would then have to apply to Court for a court order for possession after the notice has expired.

There are notes on the above available here:-
http://www.landlordzone.co.uk/section-8-notice.htm

There are lots of online providers for the standard form of s8 notice for rent arrears. A simple google search will reveal them and they have notes on how you should serving them (as does the above link) – this is very important because you must be able to prove to the Court that the tenant received it.
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I will answer your follow up questions you may have.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6295
Experience: BA (Hons), PgDip, Practising Solicitor
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