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Cruston
27-12-2011, 10:23 AM
I own a house which I was living in until 2010, my ex partner moved in in 2006, I moved into my new partners house in 2010 and rented my house to my ex. There is no tenancy agreement however since Sept 2010 I have provided a rent book and an additional tenant has moved in. There is no tenancy agreement they both just pay weekly. He owes me £1671 in back rent which has just continued to increase from when he first moved in and he pays weekly. The other tenant was found through my ex and they agreed between themselves that the new tenant would pay a set amount of £60 no bills.
Now however my ex's new girlfriend who doesn't live there is texting me saying I need to make the new guy move out so she can move in, and giving the new tenant hassle for not agreeing to pay towards bills when she asked him to. I have now had enough after around 300 text messages from her (not very nice ones telling me what I should and shouldn't do) and want my ex out. With no agreement and weekly payments, how much notice do I need to give? The money is not the priority just ending the tenancy agreement as soon as possible

Snorkerz
27-12-2011, 11:18 AM
Sadly, this will not be as straight forward as you hope.

Can you confirm that when your ex moved into the property, no one else lived there?

Who organised the additional 'tenant'? It's a bit confusing if you rented the full property to the ex and then let a bit (of what you have already let) to someone else - you seem to be getting rent for the property twice over.

The fact you have no written agreement does not go in your favour as the tenant still has the protection of a tenancy.

Cruston
27-12-2011, 12:06 PM
When he first moved in in 2006 it was to live with me and he just paid me £80 a week for rent and I paid the bills. When I moved out in April last year he continued to pay £80 and I still paid all the bills. In July we agreed he would start paying all the bills. There were many weeks of missed payments and I told him I would be finding someone else to move into the other bedroom to which he asked if he could find someone so he knew them. I advised that to continue living in the property he needed to find someone by September and not make another late payment at all which he agreed to. The rent for the two of them from September was £50 each per week. Just to confirm the second tenant pays £60 in total, with £50 going to me and the £10 going to my ex towards bills.

Snorkerz
27-12-2011, 13:25 PM
Okay,

So when he first moved in he was lodger/partner?

But when you moved out, he became a tenant - lets assume for the sake of simplicity (and you may have to explain this in court) that he was a tenant of just 'a room' in the property - though I suspect which room was never discussed.

You also have the friend, who is also a tenant, but of a separate room in the property - the remainder is communal and shared between them.

I presume your ex did not pay a deposit - what about the friend?

You need to serve section 21(4)(a) notices on both of them. To do this, it would be helpful if you could confirm the day you moved out (because the following day will be the first day of Ex's tenancy, and the day friend moved in. If you can advise of this, we can help you make sure the paperwork is right (essential - a third of all section 21 court claims fail).

Cruston
27-12-2011, 13:45 PM
Yes when he first moved in I had just started seeing him however he needed to move out of where he was living so he became a lodger/tenant. When we broke up he moved into the spare room.
I started staying with my new parter 7 days a week in April however all my things were still in my room which was the larger of the two until September. The second tenant moved in on 29th of September. Neither paid a deposit and the other lodger wants to remain in the premises if my ex moves out which I am quite happy with as he always pays his half of the rent on time. He was thinking about moving out because the girlfriend keeps on at him to pay half the bills when he never agreed to when he moved in and she is giving him a lot of hassle. April 1st was the day I changed the council tax over to show that I lived at the new address though so I assume this would be the official date. I have filled out a notice to quit template on mybadapple.co.uk under section 21(4)(a) which is a free template so I hope it has everything on there that should be. The main thing I wasn't sure about was if it was definitely the right section I need to use and the date I need to use for him to be out by? He pays weekly on a Saturday. So would you say from the 1st April it was under a rent a room scheme?

Snorkerz
27-12-2011, 14:57 PM
Okay, if you stopped using the rental property as your main place of residence on the 31st March 2010, then your ex-partners tenancy began on Thursday 1st April 2010 and, as rent is paid weekly, his tenancy periods run from Thursday to Wednesday of the following week.

If you serve a section 21(4)(a) notice on him tomorrow (get proof of service - a witness) then it would have an expiry date of "after 29th February 2012" (That being the first Wednesday after 2 months notice). The word after is critical, it is required by statute. Your ex partner does not have to leave on 29/2, but once that date has passed you can commence the eviction process through the courts.

FWIW, I haven't looked at the template you propose using, but I always recommend this one http://www.letlink.co.uk/GeneralInfo/General_possession/S21_4_A.pdf

If you choose to evict the 2nd tenant, his s21(4)(a) would expire "after 28th February 2012" as his runs Wednsday to Tuesday.

Snorkerz
27-12-2011, 15:01 PM
I have just noticed your comment regarding the 'rent a room scheme'. Are you refering to the tax man there? the rent a room scheme is only applicable to lodgers - not tenants - you need to get advice regarding tax on the rental you have received.

You may also not be aware that you need 'landlord' insurance, not 'residential' (because you are not living there), Permission to let from the mortgage company (if the property is mortgaged) and every year you need a gas safety certificate if there is any gas in the property. If the property is leasehold, you will need permission to let from the freeholder too.

Cruston
27-12-2011, 15:07 PM
I realised that last comment was a silly one after I wrote it. I do have landlords insurance so at least I have done one thing right! Oh I didn't know that about the gas safety certificate either. Thank you for your help regarding the dates, I certainly would have got that one wrong! Can the link you have sent be filled in in pen or does it need to be typed?

Snorkerz
27-12-2011, 15:25 PM
Pen is fine but photocopy it - the gas safety certificate is an offence and the HSE can fine heavily - get it done ASAP.

If you evict both, they each need separate notices in this case - that isn't always the case.

Cruston
27-12-2011, 15:35 PM
How do I get the gas safety certificate? Also, at the bottom of the form on the link you have sent me where it says Landlord's agent, do I need to fill that in?

Snorkerz
27-12-2011, 16:10 PM
1) Call any 'gas safe' engineer and ask them to do a 'landlords gas safety inspection'. In my part of the world it costs £49 - £79 for an average house.

2) If you haven't got an agent (which you haven't) then leave it blank.

Cruston
27-12-2011, 16:18 PM
Thank you for all your help, it's greatly appreciated :(hi):