PDA

View Full Version : Best way to get rid of tenant LL cant contact



ozzrahog
28-02-2010, 19:17 PM
My tenant is on a period tenancy paying rent weekly.

He is now 4 weeks in arrears and he no longer answers his phone, responds to texts or to letters.

I now want to get him out and sell up, question is what is the best way?

Obviously I can give him 8 weeks notice but I am not sure if he will take any notice. Is it worth going for a sec8 notice on grounds 10 & 11 (since this is not his first go at being weeks in arrears)? if so how much notice does he get on that?

Also as he wont contact me is serving it by a combination of hand delivert to trh house, recorded delivery and normal post a good idea from a belt and braces point of view?

mind the gap
28-02-2010, 19:24 PM
My tenant is on a period tenancy paying rent weekly.

He is now 4 weeks in arrears and he no longer answers his phone, responds to texts or to letters.

I now want to get him out and sell up, question is what is the best way?

Obviously I can give him 8 weeks notice but I am not sure if he will take any notice. Is it worth going for a sec8 notice on grounds 10 & 11 (since this is not his first go at being weeks in arrears)? if so how much notice does he get on that?

Also as he wont contact me is serving it by a combination of hand delivert to trh house, recorded delivery and normal post a good idea from a belt and braces point of view?
Serve both section 21 now and section 8 grounds 8,10 and 11 as soon as 8 weeks' rent are owing.

Don't bother with registered post - just post from two different post offices and keep free certificates of posting. There is no need to serve it in person at the house and you would need photos/witnesses etc.

The section 8 will give him 14 days' notice starting from the date he receives it. If he has not moved out by Day 15, you can apply at that point for a court order for possession. You will get a hearing date and if the rent remaans unpaid a possession order should be mandatory. If he pays off some of the debt you might not be granted possession and you will have to wait for the s21 to expire then apply again.

Once you have a court order, if he still does not vacate, you can instruct bailiffs.

Do not rush to put your property on the market though - all this might takes weeks/a few months.

ozzrahog
01-03-2010, 09:00 AM
thanks.

With regard to the sec 21 notice, this is now a period tenancy following teh end of an AST. The rent is due weekly on a friday so I assume it needs to be served before friday giving 2 months notice from friday.

using this week as an example served before 5th March with possession wanted 5th May,

Or is it still tied to the dates of the original AST

ozzrahog
01-03-2010, 12:18 PM
sorry that last post did not really make sense did it, and I cant find an edit button.

I will try again.

Not sure about the dates for the sec 21 notice

The contract (in England) was originally an AST paid monthly. It has since become a periodic tenancy and the rent is paid weekly following a written agreement signed by me and the tenant.

Do the dates and monthly nature of the original AST have an impact on the sec 21 notice about to be issued or will it be based on the weekly agreement we have both signed up to?