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Bulgarkov
13-03-2010, 12:07 PM
Hi all

My tenant has an AST which is now a periodic tenancy, he's been in over 3 years. Rent has always been paid on time but he is in significant arrears for his utility bills or council tax (part of the rent), and has not stuck to our agreed payment difficulty regime- "pay me what you can at the end of each month, I expect monthly updates about your financial problems". He is now not reponding to me at all.
Can I evict??

Many thanks

jeffrey
15-03-2010, 12:02 PM
Read-up about section 8 of the Housing Act 1988 (grounds 8, 10, and 11).

westminster
15-03-2010, 14:10 PM
Serve a s.8 notice if applicable, see this link (http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/the_rules_by_tenancy_type/eviction_of_excluded_occupiers) for more info.

You also have the option to serve a s.21 notice, see this link (http://www.letlink.co.uk/letting-factsheets/factsheets/factsheet-21-section-21-notice-requiring-possession-of-an-assured-shorthold-tenancy.html).

There are also many threads on this forum regarding the above.

Note that if the tenancy was either created or renewed (i.e. a new fixed term agreement) after 6th April 2007, and a deposit was paid, the deposit should have been protected. If it is not, you cannot serve a s.21 notice until you have protected the deposit and provided T with the prescribed information. (If this applies to you, it is important that you use the DPS custodial scheme - http://www.depositprotection.com/ ).

westminster
17-03-2010, 12:56 PM
Serve a s.8 notice if applicable, see this link (http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/the_rules_by_tenancy_type/eviction_of_excluded_occupiers) for more info.

I mistakenly included the wrong link in the above. It should be
http://www.letlink.co.uk/letting-factsheets/factsheets/factsheet-8-claims-for-possession-the-section-8-notice.html