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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6308
Experience:  BA (Hons), PgDip, Practising Solicitor
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HOPE YOU CAN HELP,AS THE LANDLORD MY TENANTS ARE NOW WELL IN

Resolved Question:

HOPE YOU CAN HELP,AS THE LANDLORD MY TENANTS ARE NOW WELL IN ARREARS AND THERE BENEFITS HAVE BEEN STOPPED
THE REASON ONE IS NOW IN PRISON AND SERVING OVER THE 13 WEEKS THE OTHER TENANT DID NOT AS REQUESTED TELL
COUNTY COUNCIL THERE ARE ON GOING REPAIR ISSUES C.C AS SEEN THEM AND DEEMED THEM THE TENANTS MISUSE AND
DAMAGED BY THEM.THE C.C. HAVE INTERVIEWED BOTH PARTIES AND WILL DECIDE ABOUT PAYMENTS,THE TENANT STATED I HAVE NOT LIVED IN THE PROPERTY FOR ONE MONTH AS ONLY RETURNED TO ATTEMPT TO CLEAN IT AND REMOVE POST WHICH HAS NOW CEASED THE DOOR IS LOCKED BUT ALL WINDOWS ARE OPEN CAN I CLAIM ABANDONMENT OF PROPERTY AND FIT NEW LOCKS,ONLY ITEM LEFT IS CHEST FREEZER ALL OTHER PERSONAL ITEMS HAVE BEEN REMOVED,HELP HELP
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi
Thanks for your question/n .

For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-
1. What is the fixed term of the tenancy please
2. How many months rent of arrears have accrued
Kind regards.

Tom
Customer: replied 1 year ago.
THERE IS NO FIXED TERM ITS A MONTHS NOTICE FROM TENANT
OR FROM LANDLORD(THE TENANT WANTS EVICTION NOTICE)I AM TRYING TO CUT COSTS
THIS IS NOT EASY 28.5.12 IS THE LAST DAY OF PAYMENT BUT I AM
INFORMED OF AN OVER PAYMENT AS FROM 2 .4.12 ONE TENANT WAS THEN IN PRISON

Expert:  Thomas replied 1 year ago.
Hi,

Do you meant that you originally granted them a tenancy on a fixed term but that the fixed term has expired and they have simply remained in occupation?

Tom
Customer: replied 1 year ago.
ANY TENANT CAN STAY AS LONG AS THEY WISH UPON PAYMENT PER MONTH THEY HAD BEEN IN THE PROPERTY FOR 1 YEAR THEN WANTED TENANCY AGREEMENT THAT WAS FOR 12 MONTHS AND WILL BE RENEWED AT THAT TIME WHEN AND IF NECESSARY.
Expert:  Thomas replied 1 year ago.
Hi,

Did you agree verbally with them that they could stay in the property for a fixed length of time?

Tom
Customer: replied 1 year ago.
TOM,NO I DID NOT,I HAVE JUST NOTED AGREEMENT STATES LEASE ,I DOUBT THE TENANTS HAVE EVEN BOTHERED TO KEEP A COPY.
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your reply.

I’m a little unclear on the terms of the occupation but to be on the safe side I would issue them a s21 Housing act notice on the basis that the fixed term of the tenancy has expired. The notice period for this is two month.

You will have to download from an internet provider a Section 21(4)(a) Housing Act 1988 notice. The notice period is two months with such notice to expire at the end of a rent period. Serve by registered post and allow three working days for postage. The template you download will probably have notes on serving it appropriately.

Once served and the notice period has expired you will have to apply to court for a possession order. You cannot evict her without a Court Order. The easiest way is online:-
https://www.possessionclaim.gov.uk/pcol/

If the tenant does not leave when the notice expires then you will have to apply to Court for a warrant for execution so that the Court bailiffs effect eviction.

At the same time you can apply for a money judgement against the tenants for the money they owe you in rent, damage they have caused, legal costs and any other damages that you have incurred as a result of their breach of contract.

If you have agreed a tenancy agreement with them and the tenant pays their rent monthly and is two months in arrears with the rent then you can serve a s8 Ground 8 Housing Act 1988 under ground 8 notice giving only two weeks notice. Again, the notice has to be in the correct form and served properly so you should use one of the online providers. However, you would not be able to apply for a money judgement at the same time as this notice and so you may choose to stick with the above s21 route.



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Kind regards,


Tom
Customer: replied 1 year ago.
TOM,THIS TENANT HAS NOT PAID RENT HAS NOW LEFT THE PROPERTY AND LIVING AT ANOTHER ADDRESS,SHE MAY EVEN BE CLAIMING BENEFIT. CC WONT TELL DUE TO F O INFO ACT.I FEEL SURE THAT I COULD RECLAIM MY PROPERTY AND MAKE IT SECURE SHE HAS LEFT NO FORWARDING ADDRESS SO TO SERVE ANY PAPERS IS INPOSSABLE
Expert:  Thomas replied 1 year ago.
Hi,

The problem is is that if you granted a tenancy on the property (whether in writing or orally) then you cannot evict the tenant without a court order, it would be an illegal eviction if you did so the tenant could magically appear back on the scene and sue you for not getting an order eviction.

That's why I would play it safe.

Of course, you may take your chances that the tenant has absconded and shall not return and simply retake possession of the property yourself but you would be doing so accept the risk that the tenant may return and make a problem for you. It is for you to assess the likelihood of the risk because you know them.

If you sue them for money without obtaining an eviction order from court then they will use this as a defence, so if you are to sue then you should certainly obtain an order for possession from Court.

Please remember to rate my answer.

Kind regards,


Tom
Customer: replied 1 year ago.
TOM I DO THANK YOU,YOU TALK ABOUT GETTING COST AND DAMAGE TO PROPERTY THESE PEOPLE ARE ON BENIFITS THE DO NOT HAVE THE MEANS TO PAY
WHAT WOULD IT COST ROUGHLY NOT HOLDING YOU TO THIS IN ANYWAY TO PUT THE WHOLE THING IN THE HANDS OF SOMEONE LIKE YOURSELF
Expert:  Thomas replied 1 year ago.
Hi,

If they do not have any assets then you won't receive any money from them for the foreseeable future and it is probably not worth suing.

To serve the notice and obtain an order for possession it should cost around £300+ VAT, but I cannot accept instructions from the public.

It would cost more to instruct a solicitor to sue them for you, but you can ask them to do it at the same time as the possession claim or issue it yourself once you have evicted them by using www.moneyclaim.gov.uk

Please remember to rate my answer.

Kind regards,

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6308
Experience: BA (Hons), PgDip, Practising Solicitor
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