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Jo C.
Jo C., Barrister
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HI, my tenants have a 3 months short term letting agreement

Customer Question

HI, my tenants have a 3 months short term letting agreement (NOT AST) for 2 rooms. They paid 2 weeks advance and 2 weeks deposit. They are in arrears by 2 weeks now, don't want to pay or leave, asking us to bring court order to evict them. One of the clauses in the agreement says that: ''This Agreement will terminate automatically without any notice if the Tenant ceases to reside at the property or if at any time more than one week of the rent payments are due and unpaid''
They also brought in pets and causing nuisance, bringing in guests to stay overnight without informing us which are not allowed as per our agreement.Please advise the process of evict them.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Are they living in your house sharing amenities with you or living in a self contained house elsewhere?
Customer: replied 3 years ago.

I do not live in the same house as tenants, it is leased house of which I rent out the rooms, the rent includes all the bills meaning tenants do not pay any bills, pay rent only.

Expert:  Jo C. replied 3 years ago.
Thanks.

They are on a periodic tenancy agreement. The good news is that they can be ended for any reason you like. The bad news is that its not quick.

You need to serve a S21 notice on them on or before the rent date giving them no less than two months notice.

You can also serve a S8 notice if they are breaching the agreement but its not a fantastic idea. It won't get you into court any faster although the notice period is not so long and it adds a hurdle for you to get over because you have to prove the breaches.

If the tenant refuses to go then you will need to apply to court for a possession order. The tenant will be liable for your costs.

You can apply for possession here

https://www.possessionclaim.gov.uk/pcol/

Its not expensive to do that.

How long it will take depends on the court listings in the area but you can seek accelerated possession so its much quicker than it used to be.

You should get an order instructing them to vacate within 14 - 28 days. A judge can give them up to 42 but there’s no justification for that here. I would brace yourself for 28 days though given that this is a private residential tenancy.

Then if they fail to go you can apply for Court bailiffs to evict them. Again, this depends on the pressure upon them in area but its much quicker than it used to be. They do have to serve proper notice upon the tenant of the date they will attend which usually adds about 2 weeks. Thereafter though, they will evict them.

Its quite unlikely to come to that though. Mostly tenants don’t wait for bailiffs to attend.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.

I thought sec 21 applies to AST. I am pasting the actual word document of the agreement.


 









Short term rental Agreement



 



Date: 20/01/2014


Smart Property : 341 Commercial road, London, E1 2PS



Property Address:


Room D ,XXXXX Leyton E10 5AJ


Tenant Name: Previous Address:


 


Agreed Rent:£ 110 /week/month with /without bills + council tax:£ /WEEK/month


Deposit Paid:£440 for 1 /2 /3/4/ weeks/1 month to be paid:£ for 2/3 weeks/1months


Rent Paid:£ 440 for 1/2/3/4weeks or 1month


Rent start date: 08/01/2014


Admin fee Paid:£100 Non refundable


 


Terms and conditions:


Minimum stay 3 months . Minimum Notice time is 1 MONTHS required from tenant/landlord or agent.


Strictly No DSS accepted, only full time or part time working people. Or students


 


In this Agreement any reference to the masculine includes the feminine.


 


 


The Tenant acknowledges that this tenancy is not an assured or Assured Shorthold/ Short Assurred tenancy by reason of


being a tenancy granted by a resident landlord.


 


This Agreement will terminate automatically without any notice if the Tenant ceases to reside at the property or if at any


time more than one week of the rent payments are due and unpaid


 


 


The Room is part of the Property specified above, together with any outside space or garden.


 


The Tenant will be allowed to share with the other occupier(s) of the Property the use and facilities of the common parts


of the Property (including such bathroom, toilet, kitchen, sitting room and other facilities as may be at the Property).


 


 


 










The Deposit


The deposit specified above shall be paid by the Tenant on the signing of this Agreement and is to be held by the Landlord/agent. No deposit scheme.


 


Rent


The Tenant shall pay the rent by the method and at the times specified above. Fine will be applied if you do not response, or do not have any valid excuse. Penalty will be £25 for any miss /late payment.


 


Insurance


The Landlord shall effect suitable building insurance cover for the Property and shall insure the Landlord’s fixtures, fittings


and effects, including such electrical appliances as are not the Tenant’s responsibility, against loss or damage by fire, light


- If the Tenant so wishes, he can insure his personal effects, which shall not be the Landlord’s responsibility.


 


 


The Tenant must not do anything, or fail to comply with any requirement, as a result of which the policy of insurance


effected by the Landlord for the Property and the Landlord’s fixtures, fittings and effects may become void or voidable or by


which the rate of premium on any such policy may be increased.


 


Repairs


The Landlord shall maintain the structure and exterior of the Property in good repair and condition.


The Landlord must keep in repair and proper working order the installations for the supply of water, gas, electricity, for


sanitation (including basins, sinks, baths and sanitary conveniences), and for space and water heating. Independently con


-nected electrical appliances such as electric fires, heaters, radio or television sets are the Tenant’s responsibility.


 


Cleaning and Maintenance


The Tenant shall keep the interior of the Property in good repair and condition and in good decorative order.


The Tenant must keep free from all blockages and obstructions all baths, sinks, lavatories, cisterns and pipes.


The Tenant must maintain the furniture, furnishings, fixtures and other items set out in the Inventory and keep them in


good condition and must preserve them from damage or destruction and must not remove any of them from the Property.


 


Quiet Enjoyment


The Landlord agrees, subject to the Tenant paying the rent and observing and performing the obligations set out on this


Agreement, not to interrupt or interfere with the Tenant’s right to quiet possession and enjoyment of the Property.


 


 


Use of Property


The Tenant shall use the Property for residential purposes only and shall not (nor allow others to) operate a business at the


property or use it for any improper, immoral or illegal purposes


.


Assignment


The Tenant shall not assign, sublet, charge or part with or share possession or occupation of the Room or any part of the


Property.


 


Nuisance


The Tenant shall not (nor allow others to) cause nuisance or annoyance to the Landlord, other tenants or any neighbours.


 


Damage


The Tenant shall not (nor allow others to) cause any damage or injury to the exterior, structure or any part of the Property.


 


The Tenant must not display notices or advertisements in the windows or elsewhere on the Property.


 


Keys and Security Codes


The Tenant shall not alter or change or install any locks or security codes or have any additional keys made for any locks


without the prior written consent of the Landlord and must supply the Landlord with a set of keys or the new security code


immediately upon replacement.


 


The Tenant must report immediately to the Landlord if keys or security codes are lost or compromised during the Term


and must take immediate steps to provide new keys and or security codes, supplying the Landlord with a set of keys or the


new security code immediately upon replacement.


Pets


Without the express written permission of the Landlord, the Tenant shall not (nor allow others to) keep or allow pets of any


kind on the premises. Any permission which is given may be cancelled by the Landlord.


 


Repairing Damage


The Tenant agrees to make good any damage to the Property or to the Landlord’s fixtures and fittings and effects or to the


common parts caused by the Tenant or any visitor of the Tenant to the Property, fair wear and tear excepted, and to pay any


costs incurred by the Landlord carrying out such works in default.


 


Reporting Disrepair


The Tenant shall report to the Landlord any disrepair or defect in respect of the Property or the fixtures and fittings and


report any failure of mechanical or electrical appliances. Fixing time some 2-5 days depands on builder availiblability and weekend closure.


 


 


 






Utilities


The Tenant must make a reasonable and proportionate contribution to the cost according to use of all charges in respect of


any electric, gas, water and telephone or other services used at or supplied to the Property and Council Tax or any similar tax


that might be charged in addition to or replacement of it during the Term. Gas and electricity fair use set as £30 GAS /MONTH, £30/ MONTH ELECTRICITY, EXCEPT £20 extra for October-march.PREPAID TOP UP is tenants responsibility, but agency will pay the amount.


 




Security


The Tenant must keep the Property secure and any security alarm set at all appropriate times. The Tenant should notify the


Landlord if he intends to leave the premises vacant for a period in excess of 14 consecutive days and in such a case, the Ten


-ant shall take all reasonable steps to avoid damage from burst pipes in freezing weather.


 


Moving Out


At the end of the Term the Tenant shall yield up the Room in the same clean state and condition it was in at the begin


-ning of the Term and shall return all the keys of the Property and remove all furniture owned by the Tenant, personal effects


and rubbish and leave the Property and the Landlord’s fixtures and fittings in the same condition and state of repair as at the


start of the Term, fair wear and tear excepted.


 


The Tenant shall provide a forwarding address for the return of any deposit.


 


Suspension of Rent


If and whenever during the Term the Property or any part of it is damaged or destroyed by any of the risks insured against by


the Landlord so that the Property is not habitable, the Rent shall be suspended or a partial abatement allowed to the nature


and extent of the damage and destruction until the Property has been reinstated and is fully habitable again.



Safety Regulations


The Landlord confirms that all furniture and furnishings comply with the relevant fire safety regulations.


The Landlord shall ensure that all gas appliances, flues and installation pipe work in the Property are checked by a British


Gas or CORGI registered technician on an annual basis and that a record is kept stating the defects found (if any) and the


remedial action taken.


 


The Landlord confirms that all electrical appliances and equipment supplied by him are safe so as not to cause


danger.


 


Early Termination


This form of Agreement does not require either party to give any form of notice to the other at the end of the Term.


 


Either party may at any time end this Agreement earlier than the end of the Term


by giving to the other Notice in 4


weeks written notice to that effect and upon the expiry of said notice this


Agreement shall end with no further liability for either party save for any existing breach.


 


Notices


Any notice to be served under this Agreement may be delivered by hand or may be sent by registered post, recorded delivery. postal notice will be considered from the date we received.


 


Guest: guest is not allowed to stay more than one night with written or sms permission.


 


The Landlord/agent hereby agrees to let the Property and the Tenant hereby agrees to take


the Property for the Rent and Term in accordance with the conditions stated within this Agreement.




 

Expert:  Jo C. replied 3 years ago.
No, you need a S21 notice to end any agreement under the Housing Act.

Actually there has been some case law that has suggested that S21 notices need not be so rigid but its safer to use one.
Customer: replied 3 years ago.

How about these clauses:


 


The Tenant acknowledges that this tenancy is not an assured or Assured Shorthold/ Short Assurred tenancy by reason of being a tenancy granted by a resident landlord.



This Agreement will terminate automatically without any notice if the Tenant ceases to reside at the property or if at any


time more than one week of the rent payments are due and unpaid



Are we allowed to change the lock and leave their possession in the hallway to collect later as some agents or landlords do.


Sec 21, 2 months before expiry?

Customer: replied 3 years ago.
Relist: Inaccurate answer.

Expert:  Jo C. replied 3 years ago.
No, you are not allowed to do that. That is unlawful eviction which is a criminal offence.

There is only one way to evict lawfully and that is to serve a S21 notice.
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

So, what would be the sec 21 expiry date if the agreement start date is 20 Jan 14 and end date is 20 Apr 14 for 1st room, start date 25 jan 14 and end date 25 April 14, thanks.

Expert:  Jo C. replied 3 years ago.
If they are on individual contracts then you need to serve notices upon them separately to protect yourself.

The first room has a rent date of the 20th so if you serve notice tomorrow it would not run until the 20th March to last for two months which would take you to the 20 th May.

The second room has a term date of the 25th so if you serve it before the 25th it will run from this month and expire in April.
Customer: replied 3 years ago.

Sorry, I didnt undersand. If I serve a notice tomorrow for the 1st room started on the 20th why should it expire in May, how about serve a notice tomorrow to expire 26 April considering this month has 28 days, can the same thing apply for noth rooms. Thanks.


 


 

Customer: replied 3 years ago.
Relist: Incomplete answer.
Expert:  Jo C. replied 3 years ago.
He reason you are experiencing delay is that you keep relisting this.

Not if the tenants have different end dates on their contract which shouldn't be the case of a periodic anyway but does seem to be here.
Customer: replied 3 years ago.

No clear answer was given to this question.

Expert:  Jo C. replied 3 years ago.
Ok.

Best of luck