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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Dear Sir/Madam, I have a Tenancy Agreement in the name of a

Customer Question

Dear Sir/Madam, I have a Tenancy Agreement in the name of a company. It states that it is a "Contractual Tenancy". The tenants are currently 3 months in arrears, the rent is ?1200 pcm. What is the quickest way to get possession? Can I serve a section 8?

Thank you.
Submitted: 4 years ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.

Hello tabbert 2010,

 

Under the Housing Act 1988 Section 8 Ground 8 a Landlord is entitled to take possession of the property if the Tenant is two months in arrears with their rent. You should therefore serve upon the Tenant a Notice to vacate giving two weeks notice.


If the Tenant does not vacate after the notice period has expired then you should make a claim for possession through the following website: https://www.possessionclaim.gov.uk/pcol/

If you do this you should also make a claim for the rent arrears at the same time and in the same form.

 

If they do vacate with you having to make a claim you can sue them for the arrears by using www.moneyclaim.gov.uk

 

It does not make a difference that it is in the name of a company.

 

I hope this is useful, if so please kindly click accept so that I may be rewarder for my efforts. It will be gratefully received and you will be able to ask follow-up questions.

 

Kind regards,

 

 

Tom

 

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6373
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Property Law Specialists are ready to help you
Customer: replied 4 years ago.

Dear XXXXX

 

Thank-you for your answer. So it doesn't matter that it is a "Contractual Tenancy" - is this still an AST? Can you tell me what prescribed form the 2 weeks notice needs to be in?

Expert:  Thomas replied 4 years ago.

Tabber2010,

 

Any tenancy entered in to after 15th January 1898 for a fixed term is an AST, so you're fine.

 

The form is s.8 and you can obtain the prescribed form online from www.lawdepot.co.uk

 

You will be able to print it off from there and serve the notice appropriately.

 

Thank you for your enquiry.

 

Kind regards,

 

 

Tom

Customer: replied 4 years ago.
Thank-you, most helpful - I have now accepted so you should be paid!
Expert:  Thomas replied 4 years ago.
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