Arrears, Sharers and New Tenants...

[HelenH]

Hi,

I was wondering whether someone could help?

My flat was let out to sharers, who have since moved out and new sharers have moved in. We do not have a contract with the new sharers, and now they are in arrears. They have paid the rent for some time but are now 3 months in arrears so I understand that we have an implied contract... but that is it.

How do I get them out?

Thanks!

Helen

[Bel]

You will probably need to serve them a 'section 8 notice', with grounds for rent arrears of over 2 months.

See http://landlordzone.co.uk/rent_arrears_evictions.htm

[HelenH]

Hi,

As none of the current tenants are named on the tenancy agreement, there is only an implied contract as they have been paying and we have been providing the accomodation. I think because of this we will have problems serving a section 8.

Helen

[attilathelandlord]

You don't have to have a written contract.

Serve S8 notice in the names of the tenants who are actually in the flat.

Let that also be a lesson to you about getting names on contracts.

[Bel]

Hi,

As none of the current tenants are named on the tenancy agreement, there is only an implied contract as they have been paying and we have been providing the accomodation. I think because of this we will have problems serving a section 8.

Helen

Bearing this in mind; if the tenants do not have a written agreement, you will need to serve a section 48 notice, as they may not officially have the landlords name and address. Rent is not legally due without it; the judge may want to know that they have been served a section 48 notice for this reason.