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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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rights and requirments regarding tenant,s non payment of rent

Resolved Question:

rights and requirments regarding tenant,s non payment of rent .Th tenant has been in property over 6 months and is 2 months in arrears .He has had aletter letting him know of situation.He has also threatened to change locks .Any advice would be helpful regards frank
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 : For now please let me know whether you are the landlord or tenant?
Customer:

landlord

Alex Watts : Ok. You have served a section 8 or section 21 norice I assume.
Alex Watts : therefore you then need to issue proceedings for possession
Alex Watts : YOu need to complete form n5
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf
Alex Watts : The court will list the matter for hearing and decide whether to give possession
Alex Watts : If the court does then the tenant must leave, if they do not then they can be evicted.
Alex Watts : But you can't evict without a court order. It makes no difference whether the tenant changes the locks.
Alex Watts : The bailiffs will evict with a court order
Customer:

no only notification of intent to seek legal advice given by hand

Alex Watts : ok. You need to serve a section 8 norice first. Google it there are plenty of templates online
Alex Watts : Can I claifiy anything for you about this today please?
Customer:

what does sec 8 entail legally can it be delivered by hand, how much notice am i required to give

Alex Watts : Yes it can be delivered by hand. Google the template they are free. You need to give a months notice
Alex Watts : Does that help?
Customer:

we have been told by the tennant that it will require 2 months

Alex Watts : only for a Section 21 where they need to leave. Section 8 is notify of breach and action so 1 month
Customer:

what do you mean by sec.21?

Alex Watts : notice to leave, then you need to give 2 months norice.
Alex Watts : but a section 8 is eviction on breach of tenancy
Alex Watts : does that help?
Customer:

thank you and excuse my ignorance ,but am I in my rights to give notice to leave under sec 8 with appropiate forms ? regards frank

Alex Watts : Yes.
Alex Watts : serve section 8 notice re breaches
Alex Watts : serve section 21 to end the tenancy with 2 months notice.
Alex Watts : Does this help?
Customer:

thank you what would happen if he pays some rent in next few days?

Alex Watts : So 21 still means ends.
Alex Watts : Does that help?
Customer:

does that mean you have to give 2 months under sec21?

Alex Watts : Yes.
Alex Watts : Does that help?
Customer:

just to clarify I serve one month under sec8 if he fails to pay should he pay any money in next few days I serve 2months under sec21 sorry again for my ignorance regards frank

Alex Watts : Yes frank.
Alex Watts : Does that help?
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