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View Full Version : Three tenants; two were replaced, so how do I evict?



makiko_kubo
21-02-2008, 10:36 AM
Hi, i am a new landlord, recently have a lot of problem with the tenants, hope you guys can help me!
i let my three bedroom house to three tenants 4months ago, three of them sign a 6 months tenancy agreement with me, but two of them left the house without giving me any notice 5 weeks ago, and just ask me to keep the deposit, after that ,
another two tenants move in as they are friends with the tenant who is still staying in my house, but i fed up chasing rent and recieving complaint from next door, what should i do?
can i just give them 1 month notice to ask them to move out? by law, i have to give 2 months notice to move out( is that correct?),
so if my current tenant refuse to move out and not pay me the rent, what should i do next?( two of them just live there and not on the tenancy agreement).
as they break the tenancy agreement, what happen to the tenant's deposit?

really sorry to ask you guys a lot of questions at the same time, but these tenants really do my head in, i am really appreciated for your help !!

jeffrey
21-02-2008, 10:57 AM
What documentation (if anything) did the "another two tenants" sign?

makiko_kubo
21-02-2008, 11:09 AM
hi, thank you for your reply,
They didnt sign any documents at all, they just moved in with thier firend

Bel
21-02-2008, 15:04 PM
Did you accept the surrender of the tenancy; what did you say to them when they left?

makiko_kubo
21-02-2008, 16:44 PM
when they left, they just phone me and tell me they left, then i spoke to the only tenant who is still staying in my house, he said he will find some other friends to move in and pay me the rent.

Bel
21-02-2008, 21:39 PM
You need to serve a section 21 to the address. You must name and serve it on all tenants . But who are your tenants as it is slightly confusing.

Because the original tenants did not serve you the correct notice and it could be said that you did not accept their surrendering the tenancy, it is likely you should address it to those on the AST even though 2 have left as they are all still liable for the fixed term of the tenancy.

It may be more complicated if you have received any rent direct from the 2 new tenants; then it could be argued you have accepted them as new tenants, by either creating a new oral agreement (bad as you cannot go to court for 6 months using s21 notice) or assigning the original tenancy whereby you can serve a section21 now to expire in 2 months.

If you have not received any rent direct; for example it all comes through the remaining tenant, then it will be straight forward if they do not leave by the time the s21 expires. You will then need to apply to the court to get them evicted. There is plenty written about what to do on the forum. They will not be able to say to the court that the notice was addressed to the wrong names, to delay the eviction process.

You should have protected the deposit in an approved scheme. If they owe you rent or damage the property you may be entitled to claim it out of the deposit. If the deposit is not protected then you may be in trouble.

makiko_kubo
21-02-2008, 22:46 PM
thanks for help, that's really helpful for me!!