Ask a Family Law Question, Get an Answer ASAP!
Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
May I ask please was the arrangement when he moved in that he would pay rent to you please?
If so how much and how often?
When did he move in and was rent paid on time up until November?
He moved in with my daughter and grandchildren June 2011. Rent was paid on time up until November.
Thank you. Was the arrangement that your daughter and he would rent the property from you together originally? Has your daughter moved out? If so when please roughly?
Yes arrangement was for my daughter and children to rent property with him. My daughter moved out over a year ago as they split up. He made her move out. Rent was paid through my husbands bank account. Rent was £500.
Thanks. Finally could you tell me the date each month rent was paid up until November?
Not sure of date sorry
No problem - best guess?
20th of the month
One final question am I correct to assume you never lived in the property with them?
No my husband and I moved out.
This was before they moved in?
Thanks. The arrangement constitutes an assured shorthold tenancy agreement irrespective of the lack of a written agreement by virtue of the Housing Act. The ex boyfriend is your tenant and is liable for rent for the months he has not paid at the same rate as you can show was paid before he stopped paying. In order to evict him you need to consider serving a s21(4)(a) notice - link to follow.
You need to give him 2 clear months notice and the notice must end the day before rent is payable based on when rent customarily has been paid in the past. On the basis that this was normally on or aroung the 20th you will need to serve a notice to expire on 19th May 2014 providing you can get the notice to him no later than ideally 18 March.
Because you are not sure about the date include the following wording (word for word) in the eviction date part on the form or your notice could be rendered invalid. “After: 19th May 2014 or, if this notice would otherwise be ineffective, after the date being the earliest date not earlier than two months after the date of service of this notice when shall expire a period of the assured shorthold tenancy”
You can obtain the correct form of notice using the following link:http://www.lawdepot.co.uk/contracts/eviction-notice-forms/
Chose the periodic tenancy from the drop down box.
If he does not move out by the above date you can apply for a possession order using the following form:http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=618
You can issue proceedings to recover the rent owed if he will not pay by using www.moneyclaim.gov.uk
You can claim back court costs for the above applications if they are necessary.
We gave him notice in November to be out by 1st march. Will we need to give him notice again.
Was the notice in the form of a s21(4)(a) notice?
No we just wrote him a letter.
Thanks. Unfortuantely the notice has to be in a specific form in order to be valid - namely s21(4)(a) as above. Another notice that conforms with the above requires will be required unfortunately but you are entitled to continuing rent
Is tehre anything above I can clarify for you?
Thank you. Will get relivent form and proceed down that road. Are we entitled to get access to property to retrieve property out of house
Is this your daughters property?
Ours and daughters
Thanks. You can give him 48 hours written notice of your proposed access however if he objects you cannot ener without his permission or you may be guilty of a criminal offence under the Protection Against Eviction Act so you must be careful not to enter if he objects. If he does not after the notice has expired you can seek entry. Your daughter can seek to recover property of her own however this would need to be directly with him rather than through you.
Is there anything else I can help you with?
OK many thanks
If I can assist any further as the situation develops please do not hesitate to revert to me
If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though