PDA

View Full Version : Eviction after 6 months



mbs
05-03-2007, 08:47 AM
Hi All,

First post here, so please be gentle. I found the website after a quick google and was wondering if anymore might be able to advise me as i havent had experience of a predicament before.

I've got a tennant who has always struggled to pay their rent on time. She has been in the property for about 9 months. She recieved a 6 month contract at the start of her tennancy which was signed and all correct. Once the 6 month contract ended she asked if she could stay on, which i agreed. She asked for another contract and wanted her "sister" (as i'm not sure if it really is her sister), to be added to the contract as she was going to move in with her and help her with the rent. I went round, met the sister, and sent them a contract to sign and return. I haven't had the contract returned to me, so i'm not really sure where this leaves me, as i have asked for it a number of times.

The rent is now overdue by a few weeks, and in the past i have let it slide by a week(ish) as i know she sometimes struggles, but eventually it comes through. However this time i have a bad feeling it isnt going to happen.

I now would prefer it if they left the property as I'm no longer willing to be flexible with the rent, as i can see myself becoming out of pocket.

So my question is - with no tenancy agrement is place for this new 6 month period, and the original tenancy agreement stating i need to give them one months notice - where do i really stand if i want them to leave the property asap?

Thanks,

MBS

Surrey
05-03-2007, 08:52 AM
Did YOU sign the agreement before you sent it to them? If not, then even if they were to miraculously produce it, it would not be valid (in my opinion, but I could be wrong even though that looks like the logical answer.)

If you didn't sign the agreement then you most probably have a periodic tenancy and would need to issue a Section 21 (4)(a) notice. For this you have to be very careful with the dates as the termination date must be the last day of the rental period, and you must give two months' notice. You should issue it to the original tenant, as your argument is that the second tenancy didn't actually happen as you didn't sign the agreement.

Not sure where you'd stand if you HAD signed the agreement you sent them though, wait for other replies.

mbs
05-03-2007, 09:18 AM
Thanks Surrey. Yes - I did sign the agreement before i sent it through to them. They just haven't returned it with their signatures...