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, Lawyer
Category: UK Property Law
Satisfied Customers: 7149
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 am letting my property through a letting agency. The property

Resolved Question:

I am letting my property through a letting agency. The property was let without a breakout clause for 24months, it has been more than 6months into the tenancy now and the tenant has never paid on time and was in arrears by 2months until recently where it is 1month. I have been pushing the letting agents to serve the tenant with a notice to vacate on the grounds of section 11 (discretionary) however they seem reluctant (almost stubbornly) to do so. I want to regain possession of my property and appreciate it may take longer to reach that point. The agents are arguing that in their experience upon issuing of that type of notice to vacate, in all cases the court rules in favour of the tenant. I need to move back into my property. Can you please advise me on how to ensure I can regain possession of the property at the earliest possible opportunity?
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

Thanks for your patience.

They are correct to say that it is more difficult to obtain possession on the basis of persistent late payment of rent, but that is very much an irrelevance if you wish to instruct them to do this.

You are the principal and they are the agent. If you instruct them to issue the notice and acknowledge that this is against their best advice then they should issue the notice. It would probably be a breach of their agreement with you if they did not carry out the instruction.

Ground 11 is generally used in conjunction with other grounds (eg. Two months rent arrears) and so it essentially buttresses a claim for possession under one of the other grounds.

You can obtain a possession order (usually suspended pending timely payment of future rents) using ground 11 on it’s own but the delays have to be persistent and egregious. If, for example, the tenant is frustrated from paying the rent on time because of late receipt of housing benefit then it’s less likely an order will be obtained.

If the delays are great and many and there is no good reasons for it then you stand a better chance of getting a suspended possession order. The one months rent outstanding will not help either.

I would have a look at the terms of the tenancy to see if the tenant has breach any others. Also have a look at the state of repair to check for any deterioration to see if either grounds 12, 13 and 15 can be used as well.

Ultimately, if you instruct the agent to issue the notice aganst their advice they should still do it.

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,

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7149
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Property Law Specialists are ready to help you

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... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...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
< Previous | 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:

  • Thomas



    Satisfied Customers:

    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • Thomas's Avatar



    Satisfied Customers:

    BA (Hons), PgDip, Practising Solicitor
  • INC's Avatar



    Satisfied Customers:

    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • Alex J.'s Avatar

    Alex J.


    Satisfied Customers:

    LPC, 2 Years Conveyancing
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Matt J's Avatar

    Matt J


    Satisfied Customers:

  • John Knox's Avatar

    John Knox


    Satisfied Customers:

    solicitor with 8 years experience
  • PortsmouthLaw's Avatar



    Satisfied Customers:

    I have been a solicitor, dealing with property law issues since 1981