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Jo C.
Jo C., Barrister
Category: UK Property Law
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Experience:  Over 5 years in practice.
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i have a teneant who has repeatly fallen short on there rent

Resolved Question:

i have a teneant who has repeatly fallen short on there rent only paying around half the total rent per-mounth.I also have the property on the market and now wish to sell the property empty. as a landlord what are my options
Submitted: 1 year ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

Is this an assured shorthold tenancy agreement please?

If so, when should it end?
Customer: replied 1 year ago.

FOR JOMO1972 yes its an assured short-hold tenancy and is due for renewal october 31st 2013

Expert:  Jo C. replied 1 year ago.
Thanks

You need to serve a S21 notice upon them bringing the AST to an end in October. Also, you need to serve a S8 notice citing grounds 8, 10 and 11.

Sometimes tenants do go upon receiving the notice.

If the tenant refuses to go then you will need to apply to court for a possession order. The tenant will be liable for your costs.

You can apply for possession here

https://www.possessionclaim.gov.uk/pcol/

Its not expensive to do that.

How long it will take depends on the court listings in the area but you can rely on S8 and so you only have to give them 14 days notice before applying to the court.

You should get an order instructing them to vacate within 14 - 28 days. A judge can give them up to 42 but there’s no justification for that here. I would brace yourself for 28 days though given that this is a private residential tenancy.

Then if they fail to go you can apply for Court bailiffs to evict them. Again, this depends on the pressure upon them in area but its much quicker than it used to be. They do have to serve proper notice upon the tenant of the date they will attend which usually adds about 2 weeks. Thereafter though, they will evict them.

Its quite unlikely to come to that though. Mostly tenants don’t wait for bailiffs to attend.

Hope this helps. Please let me know if you need more information.

Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 64387
Experience: Over 5 years in practice.
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