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: 6034
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Property Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

I have a property let on a 6 month Tenancy Agreement. The

Customer Question

I have a property let on a 6 month Tenancy Agreement. The tenant paid the first 2 months then nothing since. A Section 21 notice was issued to vacate the property on 7th Jan, which is also the final day of the 6 month term. The tenant has not vacated.
Our problem is that the tenant is a young mother with three children and is receiving benefit which she failed to pay to us and any contact or attempt at conversation is met with an implied threat that we are harassing her. She says she does not have to move until she finds alternative accommodation to her liking.

The amount of money owing is substantial and in the last month we have managed to get rent paid direct to us by the benefits office.

She still owes 3 month rent that we are unlikely to get, but we can, at least, be sure of getting future rent direct from the benefits office.

As the Tenancy Agreement has now expired, what risks are involved in a situation where she may decide to stay put for ever?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi,

Are you satisfied that the s21 notice was in the correct form and served validly?

Tom
Customer: replied 1 year ago.

Hi Thomas


Yes. We did have a meeting with the Local Benefits Housing Solutions office who accepted the situation and assured us that the tenant would be rehoused by the final date. There are various problems relating to this lady: The most difficult one is believing what she says as she seamlessly changes her story in response to even the most basic question.


She made various promises to the Housing Officer with regard to rent payment, but failed to honour the promises, yet told the officer that she had actually paid.


There is also a case of Domestic Violence where her partner has come under a restriction order.


We are split between the fact that she owes so much money and that she has lied consistently, and the knowledge that we can be certain of getting all future rent without risk. We shall probably have to balance the pros and cons at some point.


My main concern relates to the absence of a current Tenancy Agreement and what action, if any, we need to take.


Regards


Colin


 


 


 


 

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

If the fixed term of the assurted shorthold hold tenancy agreement has expired and you have correctly served the s21 housing act 1988 notice in the correct form then you can forget about her personal difficulties – you have a right to possession of the property.

This is because no reason is required to evict a tenant under s21 Housing Act once the fixed term of the tenancy has expired. You just need to show that the fixed term has expired and that you have correctly served the required notice. If the tenant does not leave once the expiry date of the notice has passed then you have to apply to Court for an order for possession. The Court then HAS to make an order for possession in these circumstances.

Once the expiry date of the notice has passed you can apply for an order for possession here:-
https://www.possessionclaim.gov.uk/pcol/

She is liable for the rent until she physically leaves. Once she has physically left then you can sue her for the rent she owes here:-

https://www.moneyclaim.gov.uk/web/mcol/welcome



Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6034
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Property Law Specialists are ready to help you
Customer: replied 1 year ago.

I completed the on-line Court application for possession.


The Court hearing date is set for 5th March. That's another 2 months in addition to the 2 months non payment of rent period before issuing the Section LT20B giving 2 months notice. 6 months total and then how long will it take following the hearing to get actual possession?


Is this right?

Expert:  Thomas replied 1 year 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.

Customer: replied 1 year ago.

Thank you again Thomas. This tenant plays the harassment card in any attempt for discussion. She is receiving advice and support from the local authority (claims domestic violence) and they are telling her to sit tight until she finds alternative housing that she likes. Unfortunately, our property is of very high standard and she has no incentive to agree to any alternative.


Benefit office are now paying future rent direct to us, but at a lower amount than the agreed rent. In the meantime she is still in occupancy and my concern is that Tenancy Agreement has lapsed. Does she retain any rights, or are we at risk from absence of a current document.


There is absolutely no possibility of our recovering either the outstanding rent or the accumulating shortfall in current rent from her..


Regards Colin


 


 

Expert:  Thomas replied 1 year 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's Avatar

    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