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 Stuart J Your Own Question

Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19425
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
Type Your UK Property Law Question Here...
Stuart J is online now
A new question is answered every 9 seconds

I have a tenant on a 2 year lease, he has recently become ill

Resolved Question:

I have a tenant on a 2 year lease, he has recently become ill and is on various supports. His wife (a co-signatory) has left him.
He is now paying �581.00 monthly and not the �850.00 actually due.

The lease ends on the 28th November and I have sent him a section 21 notice to advise that the lease will not be renewed.

Can I chase his wife to make up the difference?

When can I start eviction procedings? As it will actually take 6 months before he is 2 months in arrears in total.

Thanks,

Neil Rutherford. XXX@XXXXXX.XXX
00 33 974 76 15 88
Submitted: 11 months ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Stuart J replied 11 months ago.

Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousand's of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that case.

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

What is the start and end dates on the lease?
Customer: replied 11 months ago.

Start 25 November 2009.


End 24 November 2013

Expert:  Stuart J replied 11 months ago.
Be careful with section 8 notices for two months arrears. If he pays an extra month’s rent, to bring the arrears down to 2 months, I thwarts section 8 proceedings on the grounds of two months arrears. Two months arrears is mandatory whereas habitual arrears is discretionary at the discretion of the court.
Of course, you can serve a section 8 in respect of arrears, at any time during the term.
Of course, whilst a regular arrears can be an issue, I appreciate that it will not be two months arrears until the end of the term in any event.
You can serve a section 21 notice at any time to end the tenancy at the end of the term on two months prior notice. Indeed, it is possible to serve the notice on the day that the tenancy is entered into! I know many landlords who do just that which saves them serving another notice at the end of the term and the tenant doesn’t want to move out, they simply let the thing roll along. It doesn’t mean that at the end of the term, if they do let the tenancy rollover and become periodic, the original notice expires and they will have to serve another section 21 notice. The beauty of that, of course, is that they have then had the benefit of knowing whether the tenant is good and wholesome or not.
There is no reason why therefore you cannot service section 21 notice to expire on 24 November.
You could also serve a section 8 notice in respect of habitual/regular arrears.
Unless you have a tenant to go into the property, do bear in mind (and this is your decision, not mine) but sometimes it is better to have a tenant in at a lower rent and have the property completely empty. Whether that is an option or not really depends on how quickly you will get another tenant. I just mention for completeness because really, it is an obvious point.
The burning question seems to be whether you can chase his wife for the shortfall in the mortgage. You can do that provided she signed the tenancy agreement which makes her jointly and severally liable for the rent along with the husband.
Assuming that you are relying on a section 21 notice, you cannot commence legal proceedings for possession until that notice has expired. Even if you get an order for possession, if the tenant does not move out, you are then faced with making a further application for a warrant of possession (an order for eviction).
Everything you need to know about section 8 notices and section 21 notices is here http://www.landlordzone.co.uk/pdf/servingS21.pdf and herehttp://www.landlordzone.co.uk/pdf/servingS8.pdf
Does that answer the question? Can I help further? Can I answer any specific points?
Please don't forget to positively rate my answer service even if it was not what you wanted to hear. You should now see a series of buttons which enable you to rate my answer service formally.
If you don't rate it positively, then the site keep your deposit and I get 0 for my time. It is imperative that you give my answer a positive rating.
It doesn’t give me, “a pat on the head”, “good boy” (like ebay), it is my livelihood!
If in ratings you feel that you expected more or it only helped a little, please ask.
The thread does remain open for me to answer follow-up questions after rating my answer service.
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19425
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 7 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... 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

    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