Resident landlord - tenants not moving out

[nacid]

Hi,

I own a semi-detached house and rent the 1st floor. It’s not a purpose built flat but it has its own kitchen and bathroom. I live on the ground floor. The 2 tenants have been living there since July 2007 with not written contract but were told that it would be for at least six months and smoking is not allowed. Rent is payable weekly. All was ok for the first 3 months but they the rent was delayed with up to 4-5 weeks and there are constant scandals and shouting, and smoke everywhere. On 3/4/2008 I told them that they need to leave the property on 1/5/2008 and gave them written notice a couple of days later.

It seems they have been in contact with the council and will not move out on time.

I am going to get a court order on Monday as they are unprotected tenants and hope to get a possession order very quickly?

Am I following the right procedure and can I get them out easier or quicker?

Thank you in advance.

Nick

[jeffrey]

It sounds OK, but did you issue them with a rent book (mandatory under s.4 of LTA 1985)?

[nacid]

Hi,

Thank you for the reply.

No rent book was issued. I have a book that I mark down how much they pay each week. Have never given them any receipts for their cash payments.

They know how much they owe me and agree with the outstanding balance. can i give them all back-dated receipts now or it's too late?


what's the best way forward?

Nick

[jeffrey]

I fear that the Court might want to dismiss your action for failure to issue rent book. It ought not to, however, because that failure is [only!] a criminal offence under s.7- it does not cancel or bar rent recovery.

[Bel]

Suggest the LL should immediately issue them with an up to date rent book ?
Not too late?

[nacid]

tenants moved out on time even 5 days earlier. all sorted now.

thank you very much for the help!

nick