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PJSprason
17-12-2005, 06:45 AM
Hello forum Members,
I own a student let with an assured shorthold tenancy (AST). One of the students had a problem with his student loan and rent payment was not forthcoming to myself, I finally received 3 months payment (£720) on the 21st of November (tenancy started on 1st sept.) and then i recieved the rent payment for December on 29th November. The tenant assured me that the rest of the payments would be paid ahead of schedule, now that he was receiving loan payments and would guarantee this by giving me post-dated cheques with a letter from the student loans company.

However I have served notice on the 11th Nov giving the tenant until the 14th of December to vacate the property. However the tenant still has not left the property and intends to be staying in the property.

How do I go about evicting this character, will it be costly and what are the correct procedures and is this a reasonable eviction?

Thankyou in advance
PJ Sprason

davidjohnbutton
17-12-2005, 09:24 AM
Notice served 11th Nov giving until 14th December to go? That isn't two months notice as required - get this right before you ask about the next step!!!

susan 2
17-12-2005, 09:39 AM
PJ - what are your reasons for evicting the student? If he is now up to date with his payments and is willing to offer proof of future ones, then I cannot see why you want to evict him. As David rightly says you have to give two months notice. Indeed you cannot evict him at the moment. He is not owing you rent and has not come to the end of his agreement. Which if it was a six month AST would be 28th February 2006. To answer your question - no this is not a reasonable eviction. Personally unless he is causing trouble in any other way, I would accept his offer of the cheques etc and drop the idea of eviction.

PJSprason
17-12-2005, 10:30 AM
The AST says (in section 4.3.1) that if at any time any part of the rent is outstanding for 21 days then i have the right to recover possession of the property and that the agreemnet shall come to an end. This surely means that i can get a court order and remove the tenant, i am quite sure this is a lawfull eviction. I was particularly interested in other land lords experience of using this process of eviction, especially with respect to cost etc.
thank you very much for your help

PJ Sprason

justaboutsane
17-12-2005, 10:38 AM
Yes, you have a right to regain possesion of the property... but you MUST follow the correct procedure.... unless you have served a section 8 notice on the tenant which gives 2 weeks notice you will not be able to evict this tenant based on the notice you have given. During the fixed term you can issue a section 21 to end the tenancy at the end of the fixed term but this is 2 MONTHS notice.

Please carry out a search on Section 21 on this site and you will find a whole host of information.

Personally if he continues to pay his rent on time from now on I would hang on to this person.... Student Loans are a pain and he may have been genuine... OK so he has a responsibilty to pay his rent Loan or not but give the guy a chance! If he is late again then evict.

Is this propertry an HMO?? Have the tenants signed one AST?? These questions will also have a bearing on your ability to evict the tenant! YOu say AST but you do not say if they have all signed the same one. If all have signed one AST then you cannot evict just one of the tenants......

PJSprason
17-12-2005, 11:09 AM
All the other tenants in the house have signed seperate AST's. Do sections 8 and 21 refer to the housing act?. I am particularly interested in section 8 as it will result in me being able to solve the matter quickly. The tenant is actually not in arrears as we speak, can i simply evict the tenant due to him breaking the 21 days late payment on the AST? and how long will it take me to issue a section 8 notice?

Thankyou again
PJ Sprason

Raggy
17-12-2005, 15:23 PM
Many student lets have a fixed term on the AST that matches the academic year. This gives the tenant protection that they won't have to find somewhere new part way through an academic year (very difficult) and gives the landlord protection that they won't have to find new tenants part way through an acdemic year (also very difficult). I suspect that your AST has a fixed term that runs until June 2006 and you state that he's up to date with his rent. Can't see you getting him out using any legal means.

In essence, no you can't evict him just because the AST says you can. Our laws give the tenant a lot more protection than that.

PJSprason
30-12-2005, 00:08 AM
Hello again
I have noticed that I made a slight error in my first message, I issued the notice on the 11th of OCTOBER asking the tenant to leave on 14 DECEMBER. the tenant has so far NOT left the property and actually went ahead and paid me januarys rent into my account.

SURELY i can still evict the tenent given that;

1. I gave correct notice.
2. He was in arears. (although not now)

Im sure that bearing these conditions I can legally evict this person??

Thankyou very much PJ Sprason

choices
30-12-2005, 07:51 AM
Poor them, sounds like you have a particular dislike to this person, rather than rent arrears, as he is not now. Not really a good enough reason to evict them. Are they disruptive? or do you just not like them? Courts will not let you just chuck them out because of a personality clash. Have you never had delayed payments before from anyone else? If they were having wild parties or damaging property somthing could be done I would think but an apology and promise of payment as well as foward payment for January, this all makes you sound like he should leave and find a more understanding, friendly landlord, not a grump.

Energise
30-12-2005, 09:40 AM
Is there a fixed term to the tenancy, if so how long?

A tenant cannot be evicted for rent arrears until the amount is 2 months rent in arrears at the time of issuing notice AND at the court proceedings (the 21 day clause in your agreement means nothing).

You can issue a S.21 notice for the tenant to leave at the end of the fixed term.

You can never legaly evict a tenant only a court can.

S.8 S.21 are from the 1988 Housing Act.

zoe
30-12-2005, 19:03 PM
PJSprason

What kind of LL are you ??? You cant make up terms in your agreement that are unlawfull. You have been given lots of good advice here.

1) You must give at least 2 months notice to end no sooner than the END OF THE FIXED TERM
2) You cannot evict the tenant for breaking your unlawful term of paying rent within 21 days.
3) You can only evict a tenant on grounds of late rent if they are in at least two months arrears.

So no you cannot evict this tenant yet and if they have any sence they will stay and you will loose in court.

Zoe

charger
31-12-2005, 14:03 PM
Regarding the personality clash or reason to be given for eviction ... Does the landlord really have to give reason for the eviction ?
Of course a landlord tends to dislike sb who has had previous bad records as`late rent payment, bad behaviour etc...
However Pjsprason still things have to be done by law; Wanting to be quick in getting rid of the tenant is a common feeling, but not legal anyway..the law was made to calm down animal instintcs, and to be on its side it'll be much better for yourself, to avoid problems in the future.

Perhaps the tenant will leave, but not right now as it is christmas time and people tend to stick where they live... Try again after the 5th of January to speak to him. You may want to find a property for him too ... Just an idea that it always worked with my ex-tenant.

good luck

susan 2
31-12-2005, 17:36 PM
PJ -Just to make things very clear. You are using an AST which is not lawful. The sentence regarding 21 days should not be there. Get a new AST that is up to date.
And could you please answer the question raised - why do you want to evict this tenant. This forum is usually very helpful to landlords who have problems, but I think you are loosing our goodwill by your insistence on evicting. If you would take the time to read some former posts, you would see that you have been very lucky.

PJSprason
13-01-2006, 06:22 AM
I have Started to read about the law, the tenant is on his forth month of a 9 month AST. Can i still legaly evict this tentant? i quote HA 1988?

20.—(1) Subject to subsection (3) below, an assured shorthold tenancy is an assured tenancy—

(a) which is a fixed term tenancy granted for a term certain of not less than six months; and

(b) in respect of which there is no power for the landlord to determine the tenancy at any time earlier than six months from the beginning of the tenancy;

does this means cant evict the tenant?

Dirty Stop Out
13-01-2006, 08:15 AM
http://www.letlink.co.uk/Facts/Lfacts37.htm

Jennifer_M
13-01-2006, 08:16 AM
You CAN'T evict a tenant before the end of the FIXED TERM of the AST, in your case 9 months, unless they are failing to pay the rent and you use section 8.

susan 2
13-01-2006, 12:16 PM
Does anyone else feel that we are banging our heads against a brick wall with this poster. He seems to ignore everything we tell him. I feel very sorry for his tenant.

P.Pilcher
13-01-2006, 19:42 PM
Regrettably ignorant landlords seem to consider student lets a speciality. They never bother to familiarise themselves with the real legal situation and because their customers have more important things to do than bone up on such legislation themselves, these landlords get away with it time and time again. I found that I could smell them a mile off when I was a student, got myself an excellent landlady and didn't have to worry about my accomodation, just my studies and social life. I tended to forget to pay my rent as well sometimes, but it was always there when I received a polite reminder. I really can't see where this student has gone wrong - it wasn't his fault that his loan was delayed and he always kept his landlord in the picture. Some of my big, grown up tenants find themselves in this situation themselves. Provided they let me know we work something out. I rarely feel I have to churn out an S21 notice because a tenant has unexpected problems, not of his making.

P.P.

choices
13-01-2006, 21:01 PM
Susan, I think you are right, this person is taking no notice of the advise they are supposedly after, so they are either just winding everyone up or do not bother to read the replies. I think that they should be more aware of the rules and regs of the letting industry, before ranting on and on and on.............:)

PJSprason
14-01-2006, 12:39 PM
Just to add a strange twist to the whole thing...

Im the tenant!!!!
Im quite glad to see that most people think that my land lord is being unreasonable. He has now said that he is getting his solicitor to issue an "accelerated possession". He says that he needs to "make a point of this" and "teach young people" otherwise "theyll all do it" I think that he is totally unreasonable. Not just with me but with other tenants one time he had a go at some one because they payed thier rent a day early!! and he refuses to give any kind of recipt. And he is generaly very arrogant, and generally thinks that by being a landlord he is doing us a huge favour and he can throw his weight around.

My question here is Can he really evict me if i am still in my fixed term? I am Not in arrears but i did break a clause (21 days late)

Ps he didnt use registered post when he served notice.

Thankyou very much for your opinions as other landlords. and thanks in advance for any advance

susan 2
14-01-2006, 12:59 PM
I don't know what other members think, but this poster has really annoyed me. Why not be honest from the beginning. Plus he is still asking questions that we have already answered!! I can see if this is his general attitude why his landlord wants to get rid of him!

Paul_f
14-01-2006, 13:11 PM
Yes! You've all been wasting your time. Mind you I thought many of the answers were long-winded and not as clear as you might think!

PJSprason
14-01-2006, 13:19 PM
I apologise if you think that I was dishonest, I felt that I may not get much sympathy if i posed as a tenant, i was only hoping to gain some insight by gaining from ACTUAL landlords with REAL Experience. Surely you can understand that this is a major issue in my life at the moment, and if your annoyed at a couple of threads on a forum, then imagine being made to move / homeless, for what amounts to little more that someones petty grudge. im sorry if i have annoyed you/wasted your time.

Paul_f
14-01-2006, 13:35 PM
Diddums! D'you know what? People like me charge fees for sorting out the lettings industry and you want free advice while acting like a clot! Get a grip man! Tell it as it is and don't pratt about. You haven't a clue as to why these people try and help you, and you don't honestly deserve any help.

Next time ask a solicitor and muck him about, and then see the size of his bill!

Energise
14-01-2006, 14:17 PM
I apologise if you think that I was dishonest, I felt that I may not get much sympathy if i posed as a tenant.

If you had bothered to read previous threads on this forum its easy to see that the regulars here have as much loathing of bad landlords as they do of bad tenants.

RichieP
14-01-2006, 18:46 PM
So your renty was late, but you're up to date now? Let his solicitor go through with his accelerated possession. If you're still in the fixed term he will be laughed out of court.

Owen Money
14-01-2006, 19:56 PM
PJ,

This is the first time I have actually laughed out loud reading a thread - well done!

So far as I am concerned it was a legitimate 'ruse de guerre', and as such extremely enjoyable. But I hope now you realise that not all landlords eat children (or even students), and on ths site give mainly clear unbiased advice.

This landlord seems to have a downer on you, but it is his house and for you it's only a place to hang your hat for a few months - if you can safeguard your deposit then do so, and find another place (when I was a student I bought a caravan - cold in winter but fantastic in summer - and CHEAP).

If you want to stay though, nothing I have read would give grounds for eviction.

MrShed
15-01-2006, 00:01 AM
If you had bothered to read previous threads on this forum its easy to see that the regulars here have as much loathing of bad landlords as they do of bad tenants.

Totally agree. If you had searched these forums, as you should have done to try and find your answer, you would have realised that a large amount, and possibily a majority, of threads are about tenants being in some difficulty. And, indeed, the landlords on here will assist in every way possible, as they are the good guys, and detest the bad landlords for giving other landlords a bad name. Bad play.