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nichogan1
29-01-2008, 10:17 AM
Please help! Following various problems with my tenants I served notice on them at the start of December. They then decided not to pay their rent and the last communication to my letting agents is that they are paying the difference between the last two months rent and their deposit saying that we can use their deposit as rent. Is there anything I can do before they leave at the end of Feb? There is certainly damages to the property which I would expect them to pay but not sure if I can do anything until they leave and the last checks are carried out by the letting agents.
The letting agents are being wimps and I don't know if I believe them when they say there is nothing I can do until the leave?

jeffrey
29-01-2008, 10:34 AM
1. You served Notice. Which one? Was it under s.21?
2. You can also serve Notice under s.8. Cite rent arrears (some or all of grounds 8/10/11) and breach of other obligations (ground 12).

nichogan1
29-01-2008, 10:45 AM
Sorry I'm very inexperienced in this but I have an AST with the tenants so served notice under this.

jeffrey
29-01-2008, 10:48 AM
Sorry I'm very inexperienced in this but I have an AST with the tenants so served notice under this.
Yes, but what "Notice under this"? Was it:
a. statutory (i.e. a Housing Act 1988 form); or
b. contractual (i.e. reflecting an explicit clause in the AST- please provide clause wording, if so)?

johngekko
29-01-2008, 10:49 AM
I'm quite sure this is a section 21. In extreme cases you can get the Leasehold Valuation Tribunal involved.

Try http://www.lease-advice.org/

jeffrey
29-01-2008, 10:50 AM
I'm quite sure this is a section 21. In extreme cases you can get the Leasehold Valuation Tribunal involved.

Try http://www.lease-advice.org/
No- it's the County Court that has jurisdiction re s.8/s.21 Notices.

johngekko
29-01-2008, 11:00 AM
No- it's the County Court that has jurisdiction re s.8/s.21 Notices.

Yep, I retract that statement. However maybe still worth seeking free advice from the LVT.

nichogan1
29-01-2008, 11:29 AM
I will check out my paper work and get back to you, thanks!