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Mileage
07-04-2010, 19:29 PM
Hi,

I'm taking on a property for a client that they let out themselves, there is a catch, the landlord let them move in with no AST and they are now defaulting on the rent and he wants to know how to go about getting possession. The section 21 notice seemed the first port of call, but I'd like to give more definitive advice, I have never come across anyone not setting up an AST before letting, it seems an odd thing to do when the agreement can be bought in WHSmiths for about £5.

Anyway any advice ?

mind the gap
07-04-2010, 19:37 PM
s21 is no use until the end of the fixed term or the end of the sixth month of the AST whichever is later. You must assume there is an orally granted AST in place.

As soon as T owes at least 2 months' rent, serve a section 8 grounds 8, 10 and 11, then apply for a court order for possession if T does not move out when the s8 g8 notice expires. This should result in a mandatory possession order.
http://www.letlink.co.uk/letting-factsheets/factsheets/factsheet-8-claims-for-possession-the-section-8-notice.

Lawcruncher
07-04-2010, 19:39 PM
The landlord may have let them in with no written agreement, but that will not stop the tenancy being an AST if all the statutory conditions are met.

matthew_henson
07-04-2010, 19:42 PM
Provided rent was paid and it was received by the LL a statatory tenancy exists and all the relevant statute applies

Try and identify the "rent date" and issue both a section 21(4)a http://www.letlink.co.uk/GeneralInfo/General_possession/S21_4_A.pdf and if the rent is more than two periods in arrears a Section 8 on ground 8,10 &11 http://www.letlink.co.uk/GeneralInfo/General_possession/SECTION8.pdf

Edit oh Mind the gap beat me to it

Mileage
07-04-2010, 21:43 PM
I am going to meet him tomorrow armed with your advice, I think his cheapest option but most annoying will be to pay the guy to leave. £500 would save him nearly £2k if it runs into 3-4 months with costs. I think he has been taking the rent as cash ... it is a nightmare !