PDA

View Full Version : Tenant in arears, AST expired and wont leave?



Labno
07-03-2009, 15:49 PM
Hello,

Im wondering if anyone can enlighten me on the problem i am currenlty having.

My tenant fell behind i payments in about Nov, i have give them every opportunity to recover these over the last months, early January their AST ran out, at the end of Jan there was little improvement so i issued a letter saying i would like them to leave in 1 month as there was no longer an AST in place, i wasnt sure weather section 21 and 8 where requird.

I then give them 1 extra month to a) Either pay off or b) Find somewhere else to move to, and needless to say the arrears have barely changed. I then gave them a months notice to leave obviously to which they wre not happy about. I then got a call from the local council/citizens advice saying that i first have to issue section 21 or 8 and even then the judge will rule that they will remain in the property as long as they are paying off arrears.

Is this the case even though they are no longer under an AST? I had my suspicions i would have to issues section 21 but can somebody confirm this? I did not know weather because the AST was o longer in date it may not be required?

If anyone can offer advice on where i go fom here it would be very much appreciated.

Cheers.

jta
07-03-2009, 17:19 PM
Hello,

I then got a call from the local council/citizens advice saying that i first have to issue section 21 or 8 and even then the judge will rule that they will remain in the property as long as they are paying off arrears.


No, it's not true.

A S21,4,a is a 'no fault' notice that requires the tenant to give up the property after a certain date. (two months). Providing it has been served correctly, the court must grant you possession.

A S8, g8, g10 g11. will allow you to start proceedings after two weeks, it may also lead to an order to repay the arrears and costs.

That all depends on how you go about it, there are thousands of threads here about this subject, read some of them.

johnboy
08-03-2009, 07:04 AM
Even though the fixed term on the ast has finished the tenancy is still running but on a month to month basis under the same T & C as the orginal ast. It is called a periodic tenancy.

If you want them out serve (correctly) a section 21(4)(a) and a section 8 using grounds 8,10,11. Dont forget to incude in the section 8 when serving the full wording of the grounds you are using and a basic up to-date rent schedule.