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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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HOW MUCH NOTICE DO I HAVE TO SERVE TO GET A TENANT OUT ? THIS

Customer Question

HOW MUCH NOTICE DO I HAVE TO SERVE TO GET A TENANT OUT ?
THIS HAS TO BE SERVED IN ACCORDANCE WITH SECTION 196 OF THE LAW OF PROPERTY ACT 1925.
OUR TENANT HAS BEEN SECTIONED FOR 28 DAYS UNDER THE MENTAL HEALTH ACT
MOVED IN 6 WEEKS AGO AND HAS NOT PAID NEITHER THE DEPOSIT OR ANY RENT WHAT SO EVER !
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

What type of tenancy does the tenant have please? When did it start, as it 6 weeks ago?

JACUSTOMER-tn6n5eee- :

A shorthold tenancy. It started 25/8/14

Alex Watts :

Ok - by law you need to serve a section 8 notice and section 21 notice

Alex Watts :

Section 8 notice means that you need to give a months notice because the tenant has breached the contract

Alex Watts :

So you serve a section 8 notice to quit

Alex Watts :

That is valid for 1 month

Alex Watts :

If at the end of the month there are still arrears you can apply to the Court for possession

Alex Watts :

You can do this online by going to:

Alex Watts :

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

Alex Watts :

Or completing form N5b

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005b-eng.pdf

Alex Watts :

This is the accelerated claim

Alex Watts :

You send that to Court and the court considers whether to give possession

Alex Watts :

Once there is a possession order the tenant can be evicted

Alex Watts :

But a section 8 notice is 1 month

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-tn6n5eee- :

does she have a tenancy with me if she hasn't performed her part.....ie no rent or bond ?

JACUSTOMER-tn6n5eee- :

Also is a section 8 notice...........just a letter from me asking her to vacate the premises in 1 month ?

JACUSTOMER-tn6n5eee- :

what is a section 21 notice ?

Alex Watts : If the tenant has signed then yes there is a tenancy. Even if it has not been paid
Alex Watts : if you google section 8 notices there are lots of free ones online
Alex Watts : Section 21 is only applicable when you want the property back at the end of the fix term. That does not apply here.
Alex Watts : Does that clairfy?
JACUSTOMER-tn6n5eee- :

What happens if she won't leave after the 1 months notice ?

Alex Watts : Then you seek possession through the courts as I have outlined above.
Alex Watts : Once there is a possession order they can be evicted
Alex Watts : Does that help?
JACUSTOMER-tn6n5eee- :

How long does a possession order take and who evicts her ? me or the police

JACUSTOMER-tn6n5eee- :

And how do you get the rent they owe you ?

Alex Watts :

No, you can't evict her.

Alex Watts :

Once you have a possession order then you can instruct certified bailiffs for Court bailiffs

Alex Watts :

Certified bailiffs are quicker but more expensive

Alex Watts :

You get the rent by asking for Judgment on the arrears and costs

Alex Watts :

Does that help?

JACUSTOMER-tn6n5eee- :

You didn't say how long getting a possession order would take ?

JACUSTOMER-tn6n5eee- :

You didn't say how long a possession order would take ?

Alex Watts :

A possession order can take around 28 days to get

Alex Watts :

On the accelerated route

JACUSTOMER-tn6n5eee- :

is it a section 21 i need to start the court proceedings (possession order)

Alex Watts :

Section 8 notice for breach, that is what you need

Alex Watts :

Section 21 is to take possession at the end of the term

Alex Watts :

But there is no harm serving both

Alex Watts :

Does that help?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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