justinec
19-05-2007, 09:52 AM
I'm a first-time landlord with tenants on a 6 month contract who have not paid a deposit, or any rent for over 2 months ( both of which are required in the signed contract). I want to get rid of them asap, but I would like to recover the rent and any legal and court costs.
I’ve been reading about the 2 main ways to get rid of a tenant – as I understand it I can use ‘Accelerated possession procedure’ ( section 8 ) which requires giving 2 weeks notice and then the court will usually ask them to leave, but I won’t be able to claim the due rent or my court costs. I also don’t know how long I’d have to wait for a court hearing after the 2 weeks and how likely they are to be ‘allowed to stay because they have nowhere else to go’, or some other loophole? Are there other ways of recovering the rent and court costs if I do this?
Or there is a section 21 notice, which means I have to write them a properly worded letter asking them to leave, but I'm not sure how much notice I have to give for that? My contract seems to say 'at least 2 weeks' in one place, but there's another bit I don't completely understand ( at the bottom of this email) which might say that I have to give them until the end of the 6 month contract? But section 21 seems to say at least 2 months notice is required if they have failed to pay the rent? So it is 2 weeks, 2 months or another 4 months until the contract is up? If I go down this route does it then take a long time to go to court after the notice period is up? How likely am I to get my house back and the money owed if I follow this procedure?
It seems crazy that non-paying tenants can stay in your house for another 2 months or more and there is nothing you can do about it if you want the rent that is owed to you?
Any advice greatly appreciated. Thanks,
Justine
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FROM THE CONTRACT
Ground 8: The tenant owed at least two months' rent if the tenancy is on a monthly basis or 8 weeks' rent if it is on a weekly basis, both when the landlord gave notice seeking possession and at the date of the court hearing.
Ground 11: Even if the tenant was not behind with his or her rent when the landlord started possession proceedings, the tenant has been persistently late in paying the rent.
Notice periods
The landlord must serve notice seeking possession of the property on the tenant before starting court proceedings. He or she must give the following amount of notice:
(a) for grounds 3, 4, 8, 10, 11, 12, 13, 15 or 17 – at least two weeks;
(b) for grounds 1, 2, 5, 6, 7, 9 and 16 – at least two months.
If the tenancy is on a contractual periodic or statutory periodic basis, the notice period must end on the last day of a tenancy period. The notice period must also be a least as long as the period of the tenancy, so that three months' notice must be given if it is a quarterly tenancy.
For ground 14 from 28 February 1997 - the landlord can start proceedings as soon as he or she has served notice.
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I’ve been reading about the 2 main ways to get rid of a tenant – as I understand it I can use ‘Accelerated possession procedure’ ( section 8 ) which requires giving 2 weeks notice and then the court will usually ask them to leave, but I won’t be able to claim the due rent or my court costs. I also don’t know how long I’d have to wait for a court hearing after the 2 weeks and how likely they are to be ‘allowed to stay because they have nowhere else to go’, or some other loophole? Are there other ways of recovering the rent and court costs if I do this?
Or there is a section 21 notice, which means I have to write them a properly worded letter asking them to leave, but I'm not sure how much notice I have to give for that? My contract seems to say 'at least 2 weeks' in one place, but there's another bit I don't completely understand ( at the bottom of this email) which might say that I have to give them until the end of the 6 month contract? But section 21 seems to say at least 2 months notice is required if they have failed to pay the rent? So it is 2 weeks, 2 months or another 4 months until the contract is up? If I go down this route does it then take a long time to go to court after the notice period is up? How likely am I to get my house back and the money owed if I follow this procedure?
It seems crazy that non-paying tenants can stay in your house for another 2 months or more and there is nothing you can do about it if you want the rent that is owed to you?
Any advice greatly appreciated. Thanks,
Justine
--------
FROM THE CONTRACT
Ground 8: The tenant owed at least two months' rent if the tenancy is on a monthly basis or 8 weeks' rent if it is on a weekly basis, both when the landlord gave notice seeking possession and at the date of the court hearing.
Ground 11: Even if the tenant was not behind with his or her rent when the landlord started possession proceedings, the tenant has been persistently late in paying the rent.
Notice periods
The landlord must serve notice seeking possession of the property on the tenant before starting court proceedings. He or she must give the following amount of notice:
(a) for grounds 3, 4, 8, 10, 11, 12, 13, 15 or 17 – at least two weeks;
(b) for grounds 1, 2, 5, 6, 7, 9 and 16 – at least two months.
If the tenancy is on a contractual periodic or statutory periodic basis, the notice period must end on the last day of a tenancy period. The notice period must also be a least as long as the period of the tenancy, so that three months' notice must be given if it is a quarterly tenancy.
For ground 14 from 28 February 1997 - the landlord can start proceedings as soon as he or she has served notice.
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