I want to know how we can legally evict them , whether we are allowed to go in the property and change the lockes because they have vacated it and what the letting agency should be doing to assist in this matter not just telling us to give him his deposit back and let him go.
Only this months rent as they paid Januarys rent 30/12/10, it is paid a month in advance next one due on 28/02/10
If the tenant is over two months in arrears and the rent is paid monthly then the landlord can serve the Tenant a s8 Ground 8 Housing Act 1988 notice giving the tenant two weeks notice to vacate on this basis. If they do not pay next months rent then you can serve this notice upon them.
If they have caused damage to the property then you can serve a s8 Ground 13 notice upon them citing that the condition of the property has deteriorated as a result of their actions. The notice period for this is two weeks.
It is very important that you use the correct form of notice. If you do not then a court may not make an order for possession. You can google the above notices and "document providers" and a number of online companies can provide them. Really though, your letting agents should be able to advise you of this and do this for you.
Once the notice period has expired you will have to then make an application to Court for an order for possession. You cannot just change the locks unfortunately, that would be an illegal eviction and the tenants could sue you.
You can also make a claim for a money judegment for some of the remaining rent at the same time. Your local county court will be able to provide you with the forms.
If the tenants do not leave after the order for possession has been made then you will have to apply to Court for a warrant for execution so that the court bailiffs effect eviction.
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
My letting agents have tried to persuade me to give the tenants deposit back and walk away from it which i am not happy about and have advised that i wish a section 8 to be served on them and to be evicted from the property. The response back from them was you will have to get your own solicitor to do that because I have only done 1 before and dont want to be responsible for getting the form wrong, when I complained to the manager I was told that she is the expert and I dont know anything about the legal side.
Surely this is what I pay the letting agent for and do I have redress for the fact that now there is a problem they wish to wash their hands of it.
You're going to have to check your agreement that governs the service they provide you to see if the drafting of the notice etc falls within their purview.
If you are certain that their claims to your breaches of the tenancy agreement are spurious then you should serve the notice as above.
If the letting agents have breached their contract with you by not providing the service they said they would then you can sue them for the financial loss you suffer provided you can prove their conduct.
Thanks for your kind accept. Tom
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