How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6656
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Property Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

Hi! If a tenant gave 1 month notice 2 months ago, but still

Customer Question

Hi! If a tenant gave 1 month notice 2 months ago, but still won't move out, and has not been paying the rent on time or in its entirety, how should I approach removing them from the property? CAn I change the locks?
Submitted: 4 years ago.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.

Hi Clairwiseman,

 

Thanks for your question.

 

Are your tenants occupying the property under an assured shorthold tenancy?

 

Has the fixed term of the tenancy agreement expired yet?

 

Kind regards,

 


Tom

Customer: replied 4 years ago.

Hi Tom

 

The fixed term of the tenancy expired in December 2009. They needed to give me one months notice, which they did jointly on 11th January 2010. The remaining tenant wanted to continue with the tenancy, but I said that I would only consider this if they paid in full on time, and they have failedto do that.

 

Anything else you need from me, please advise!

 

Claire

Expert:  Thomas replied 4 years ago.

Hi Claire,

 

I assume that the tenancy was an assured shorthold tenancy (it will be unless you served a notice on the tenants at the start of the tenancy stating that it was not to be an AST). The tenants are now occupying the property under a statutory periodic tenanct.

 

Firstly you cannot change the locks; they have a right to occupy the property until the tenancy is terminated.


As the term of the tenancy has expired you can serve a s21 Housing Act 1988 notice on the tenants (both are still technically tenants) requiring possession of the property. You must give two months notice of this and the notice must expire on the last day of a tenancy period (eg. last day of the month).

 

Your second option is to serve a notice stating one of the permitted grounds. If the tenant is two months in arrears of rent (and the rent is payable monthly) then you can serve a s21 Ground 8 Housing Act 1988 notice requiring possesion. If they are not two month in arrears then you can serve a s21 Ground 11 Housing Act 1988 notice on them for persistently paying rent late (if they have done so). The period for these notice is only two weeks so it is a lot quicker than the notice in the paragraph above.

 

It is very important that the notice you serve is in the correct form, otherwise you will have to start the process again. You can download notice from 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 possession.

In order to recover the outstanding arrers after they have vacated you should intially write a letter before action to her with respect to the outstanding rent. State the money outstanding to her, refer to your tenancy agreement and ask that she pay the amount outstanding within a reasonable time (eg. 14 days).

If this does not result in her pay the outstanding rent arrears to you then You can recover the money owed in arrears of rent yourself by using HMCS's online service www.moneyclaim.gov.uk

It's pretty cheap and very straightforward 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

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6656
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Property Law Specialists are ready to help you
Customer: replied 4 years ago.
Hi again! The forms won't let me select s21 ground 11. It will let me select s8 ground 11, but your previous response suggests that as the fixed term ended, it's a periodic term. Sorry if I'm being dumb here, but I thought I'd check back with you.
Expert:  Thomas replied 4 years ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    2289
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    2244
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    1198
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    809
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/AJ/ajlaj01/2012-5-9_14051_Profile1.64x64.jpg Alex J.'s Avatar

    Alex J.

    Law

    Satisfied Customers:

    400
    LPC, 2 Years Conveyancing
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    212
    Barrister 17 years experience
 
 
 
Chat Now With A Solicitor
Thomas
Thomas
1293 Satisfied Customers
BA (Hons), PgDip, Practising Solicitor