View Full Version : Evicting an AST tenant
I have a tenant in the 5th month of a 6 month AST. He still owes 40% of his rent for April and 100% for May.
How do I get rid of him in the quickest way possible? Does he have any rights having broken the contract?
I have one months deposit from him.
I have some thoughts, just want to see what everyone else thinks!
23-05-2005, 14:14 PM
Serve a Section 21 notice, giving the tenant at least two months notice of repossession. For example, if the tenancy started on the 15th of the month, the S21 must require possession 'After 14th' of a month. He may be 5 months into a six month AST but given the above example, as it is now the 23rd May, the earliest possession date would be after 14th August. You can use the deposit to cover rent arrears as well as damages. You can't do anything until the S21 has run out, then, if the tenant is still there, you get form N5B from the county court, getting this served will take about four weeks, then, if he is still there, bailiffs, yet another four weeks plus. This will also cost you about £400. You can claim this back from the tenant (if you can find him), in the small claims court. In all this time of course, you are probably not getting any rent so if you can find a way round this, do so. Talk to the tenant and try to resolve the matter, it has been suggested on this forum that you even pay him to move. When you look at the potential costs, this makes sense, don't worry about wounded pride.
23-05-2005, 15:13 PM
I've just re-read my last reply, I'm depressed now.
You are not the only one!
Think I will try and get him out nicely but serve notice at the same time!
Tenancy started on 8th Jan, so he is up as of 8th July so will have to be 8th Aug for the S21 I think.
23-05-2005, 16:10 PM
Be careful, tenancy started on the 8th Jan so the S21 must state that you want possession After 7th August. Its important that it is worded in this way, also, you must ensure service before the 8th June. Use recorded delivery or deliver it by hand and get a signed, dated receipt from the tenant.
Thanks, my partner is trying the friendly approach with cash incentive in a minute!
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