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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6522
Experience:  BA (Hons), PgDip, Practising Solicitor
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mytenants have not paid any rent for 2 months know and are

Resolved Question:

mytenants have not paid any rent for 2 months know and are saying it is becouse they can not aford it and also they have had no heating or hot water for the whole time they have been there this is not actualy true as they have a electric shower and a multi fuel buner to put logs on.the boiler peopl have tried to service the boiler but have told the tenants they cannot repair it until they put enough oil in the tank which they will not do this has also caused damage to the boiler as its outside and the cold weather has damaged it due to not enough oil for it to run to protect it.i given the letter from the boiler people to the tenants know they are saing ther drains are blocked but it is in ther agreement to empty the septic tank.
what can i do their tanancy runs out the 23rd of August 2011.

Coral bryant
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. Do the tenants occupy the property under an assured shorthold tenancy?
2. Did you take a deposit from them and, if so, was this placed in a tenancy deposit scheme
Kind regards.
Tom
Customer: replied 3 years ago.

Hi Tom

yes they have a Assured Shorthold tenancy which is for 12 months and started the 24th August 2010 and ends 23rd August 2011.

And yes I did take a deposit of two months for £1500.00 which the Letting agency have put in a tenancy deposit scheme account. the tenants hold a code and so do the Letting agency.

 

Coral

Expert:  Thomas replied 3 years ago.
Hello Coral,

If they pay rent on a monthly basis then you are entitled to serve a notice for possession on you giving you two weeks notice if you are two months in arrears with your rent (under s8 of Housing Act 1988). The notice has to be in the correct form, you can download a template s8 notice from any of the online providers.

You must also serve it in the correct way, notes here:-
www.landlordzone.co.uk/members/download.php?f=servingS8.pdf

If the tenants do not leave after the notice has expired then you will have to apply for an order for possession from Court in order to legally evict them. You can do this yourself here:-
https://www.possessionclaim.gov.uk/pcol/

You will be able to sue them for the outstanding rent at the same time if you don’t use the accelerated possession procedure.

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
Customer: replied 3 years ago.

Hi Tom

Is it just more simple giveing them two months notice as usal to leave on the 23rd August or can can they just stay after the tenancy agreement has run out anyway.

 

Coral

Expert:  Thomas replied 3 years ago.
Hi Coral,

In order for them to leave at the end of the fixed term you must serve them with a s21 Housing Act notice. If they stay after having been served the notice and the fixed term expiring then you will still have to apply for an order for possession.

I would do this as well as serving the s8 notice personally.

Trust this clarifies, if so please click accept.

Kind regards,

Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6522
Experience: BA (Hons), PgDip, Practising Solicitor
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