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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice
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I have a tenant who is failing to comply with our gentlemens

Resolved Question:

I have a tenant who is failing to comply with our gentlemens' agreement - no pets, no alteration without landlord's permission, has even changed the locks and refuses to supply me with a key, etc. Despite several verbal requests he continues to comply. There is no written contract. He fails to acknowledge my letters of termination of our agreement.
What can I do?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.

How do I evict him

Expert:  Jo C. replied 2 years ago.
Is this is a separate self contained house?
Customer: replied 2 years ago.

Yes. It is an annex to the main building

Expert:  Jo C. replied 2 years ago.
OK.
When you say an annex, do you share amenities or is it entirely self contained? It would change his contract.
Customer: replied 2 years ago.

Self contained - electricity and other facilities included in the rent.

Expert:  Jo C. replied 2 years ago.
Thanks.
He is almost certainly on a periodic tenancy agreement. Whether he has a written agreement or not, he is living in your self contained annex and he is subject to a periodic.
That doesn't mean you cannot get him out but just that there are just procedures.
You need to serve a S21 notice upon him on or before the rent date. Unfortunately that can of no less than 2 months notice. However, it is guaranteed to get you him.
You can also serve a S8 notice alleging various breaches. You are describing some breaches that are sufficient to gain a discretionary possession order but its not guaranteed so I wouldn't recommend it.
On your other points, you are entitled to a key. If he refuses to give you one then you are entitled to change the locks and sue him for the cost.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Hello again. Thank you for the above. Where do I go to get a Form S21?

Expert:  Jo C. replied 2 years ago.
This site
http://www.lawdepot.co.uk/contracts/eviction-notice-forms/?loc=GB&pid=googleppc-notukr_gb-section21b_c3-s-ggkey_section%2021%20form&&s_kwcid=section%2021%20form|38290359193&gclid=CMCLrvHpi8ACFSQXwwodV54AtQ
purports to do it for free although I have never used them.
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