How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LondonlawyerJ Your Own Question
LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 814
Experience:  Solicitor with over 15 years experience.
76316425
Type Your Law Question Here...
LondonlawyerJ is online now

Issuing a notice requiring possession

Customer Question

I am a landlord and have a flat with joint tenants whose rent is being paid by the council direct to ourselves there are currently no arears. Unfortunatley the local residents and the tenant in the shop below the flat have been terrorised by our tenants over the past twelve months and the flat has been wrecked. We are not looking for compensation for this from the tenants. However a couple of weeks ago the police arrived to arrest them both and called us to be on site where we found the door smashed in so with advice from the Police we made the door safe which unfortunately involved having a new lock fixed. One of the tenants (a) was in the police car at the time and we told her that we had a new key for her which and that she should call to our office upon her release. We also placed a note on the door of the flat with our details so that either tenant could gain access. Tenant (a) we believe has been released but has not been in touch we think she may be staying with her mother whose address we have but we cannot be certain of this. Tenant (b) is now in custody and we understand is extremely likely to be given a very lengthy sentence as we understand he is being implicated in several armed robberies in the area. We wish to issue a notice requiring possession as they have an AST and wish to know the best way of doing this.

Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.
LondonlawyerJ :

Hello I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

You can issue a

LondonlawyerJ :

Has the fixed term of the tenancy expired.

Customer:

yes.

Customer:

to where should we deliver the notice given the circumstances outlined above

LondonlawyerJ :

Then you can serve the NSP in the usual form with 2 month's notice and then take possession.

Customer:

to where should we deliver the notice given the circumstances outlined above

LondonlawyerJ :

As far as service is concerned I am not certain if you can just serve it at the address or need to take other steps as well. I will check this when I get to my reference book later today. Is the deposit with a guarantee scheme?

Customer:

there was no deposit taken

LondonlawyerJ :

Ok, well I will get back to you later although my initial feeling is that service at the address will be sufficient. An alternative approach if neither are living at or intend to return to the address is to treat the tenancy as surrendered but that carries some risks. If one was to return and fidn the place secured against them they could argue you had unlawfully evicted them.

Customer:

any news?

LondonlawyerJ :

The situation with service depends on whether you have explicitly incorporated S196 of the Law of Property Act 1925 into the tenancy agreement. Many AST agreements will include this clause. If so you can simply serve by leaving the notice at the address. If not you will have to try and serve the actual tenants.

Customer:

If S196 is in the tenancy agreement (i will have to check at the office tomorrow) have we done enough in informing one of the tenants who is a partner of the other, as well as leaving the attached notice on the door of the property informing them how to gain access and where to obtain a duplicate key for the property.

LondonlawyerJ :

The steps you have taken re: the keys etc seem reasonable.

Customer:

Thank you for your help. Have a good weekend.

LondonlawyerJ and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Our AST states 'The landlord will serve notice on the tenant in accordance with the requirements of the Housing Act 1988.' So does your answer above still apply.... 'serve by leaving notice at the address'.

Expert:  LondonlawyerJ replied 3 years ago.
What precisely does the clause on service of
notice say?
Customer: replied 3 years ago.

Good morning, the reply above containing the phrase 'serve by leaving notice at the address' was a quote from your previous answer and not what is written in the AST agreement. The Tenancy agreement merely states ' In the event the landlord will serve notice on the tenant in accordance with the requirements of the Housing Act 1988 and will not take possession of the premises other than through obtaining a possession order from the Court.'


Thanks

Expert:  LondonlawyerJ replied 3 years ago.
You will have to try and serve on the actual tenants then where they are now. The Police may be able to help you locate them.