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Dirty Stop Out
16-07-2007, 08:21 AM
Six months ago, I rented a flat to what I considered a friend in need. He paid me for the first 3 months but the last 3 has just been excuse after excuse regarding when and how I would get the money, he now owes me in the region of 1000.
I didn't give him a tenancy agreement bacause I didn't think he would let me down like this. Question is... can I take him to court to get my money or would the Judge insist on seeing a valid tenancy agreement?
I will admit that this is lesson learnt regarding not issuing tenancy agreements to "friends"!
Thanks for any help!

Colincbayley
16-07-2007, 08:44 AM
Yes, you can still evict him even without a AST ( Although it hasn't helped you by not having one )

Issue a S.8 notice for late and non-payment of rent and also a S.21.
With any luck, he may just leave.
If not, then seek possession via the courts.

Dirty Stop Out
16-07-2007, 08:55 AM
Ok, thanks for that.

Dirty Stop Out
16-07-2007, 09:14 AM
Just one other thing.... do I have to give the tenant 2 month notice with a S8 as you do with a S21?

tahmur
16-07-2007, 09:20 AM
On s8, you only need to give 2 weeks notice before you go for court proceedings.

jeffrey
16-07-2007, 09:38 AM
On s8, you only need to give 2 weeks notice before you go for court proceedings.

...unless the Notice specifies not only g8/10/11 (or one or two of these) but also g1,2,5,6,7,9,or16. Use of these (or one or more of these), with or without any other grounds except g14, necessitates a two-month Notice period, See s.8(4A) and s.8(4B).

Bel
16-07-2007, 09:54 AM
Jeffrey,

should the OP also send tenant a S48 notice of Landlords address, so that he can validly claim the rent (even though the friend most likely knows where he lives) ?

Dirty Stop Out
16-07-2007, 10:06 AM
The grounds I'm evicting him with are 8, 10 & 11 if this is any help.

jeffrey
16-07-2007, 10:10 AM
Jeffrey,

should the OP also send tenant a S48 notice of Landlords address, so that he can validly claim the rent (even though the friend most likely knows where he lives) ?

Yes. To avoid Dirty Stop Out's so-called friend T clutching at this straw, serve Notice under s.48 of LTA 1987 specifying L's "address in England and Wales at which Notices (including Notices in proceedings) may be served on [L] by [T]."

jeffrey
16-07-2007, 10:20 AM
The grounds I'm evicting him with are 8, 10 & 11 if this is any help.

Yes. That means a simple two-week Notice period (and not the longer period which I mentioned).

Dirty Stop Out
16-07-2007, 10:58 AM
Where can I get a S48 from?

Colincbayley
16-07-2007, 11:25 AM
You cant.

Just send a letter advising your tenant in writing of your contact details as required under S.48 of the act.

That's all you need to do.

jeffrey
16-07-2007, 11:40 AM
You cant.

Just send a letter advising your tenant in writing of your contact details as required under S.48 of the act.

That's all you need to do.

A letter is OK, I agree, but you CAN buy/download a formal s.48 Notice (despite Colin's doubts).

Colincbayley
16-07-2007, 11:47 AM
A letter is OK, I agree, but you CAN buy/download a formal s.48 Notice (despite Colin's doubts).

Great, i've learned something new for today.

Any ideas where I can get one, for my own use?

jeffrey
16-07-2007, 11:59 AM
Great, i've learned something new for today.

Any ideas where I can get one, for my own use?

Most Law Stationers, I guess. Try Shaw's Forms at www.shaws.co.uk (http://www.shaws.co.uk) (not a relation of mine) and Oyez at www.oyez.co.uk (http://www.oyez.co.uk) or www.oyezformslink.co.uk (http://www.oyezformslink.co.uk).

Dirty Stop Out
02-08-2007, 14:49 PM
When I serve the S8 for non payment, do I also have to serve a S21 to get rid, or will the S8 do that too?

jeffrey
02-08-2007, 14:59 PM
When I serve the S8 for non payment, do I also have to serve a S21 to get rid, or will the S8 do that too?

Section 8 Notice should have that effect, if (but only if) the grounds are fully proven. Court has discretion if you rely on g10/11; possession order is mandatory if g8 is accepted.
To be on safe side, serve section 21 Notice too. When it takes effect, you will have a right to possession even if section 8 Notice has failed.

Dirty Stop Out
07-08-2007, 11:50 AM
Thanks for all your help on this matter guys. Right then, I got my S8 and I am serving him under sections 8, 10 & 11 for non payment. How long do I wait until I apply to the Courts for a hearing? Also, if I serve him with a S21 at the same time, do I still have to wait 2 months before I apply?

jeffrey
07-08-2007, 12:01 PM
Section 8: two weeks from service of Notice.
Section 21: earliest time, where no fixed term tenancy, is two months from service PLUS up to end of that tenancy period too.