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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70421
Experience:  Over 5 years in practice
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I am a private Landlord and have been renting to the same tennant

Resolved Question:

I am a private Landlord and have been renting to the same tennant for 18 months. The rent payments have been at least 6 days late for the 12 months out of the 18 months that she's been living in the property with her 2 year old daughter. Now she is asking me if I can evict her after 2 years have completed so she can apply for a council house. She has even asked me for a rent free month where should would go to afrika for a month!!
Now I'm afraid that I will not get my last few rent payments as she will want to be evicted to apply for a council house when the 2 year is up. which is 6 months away!
HOW CAN I PREVENT THIS?
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.
The truth is that there isn't any way of preventing her from misbehaving. All you can do is take action if she does.
If this is an AST and it lasts for 18 months then you are locked in for that period of time unless you can show S8 breaches. If she is persistently paying late then you could try to evict on that basis but it would be better to wait until she is 2 months in arrears because then the court must order possession and compensation.
If she is evicted for S8 breaches then she will not get rehoused by the Council so she will pay your arrears fast enough. It is amazing how the 'poor' of the UK can find money when it suits them.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Hi

Just need to clarify.

We signed a new 12 MONTH AST in march 2014. So we are 7 months in to our contract. Since then she a had her boyfriend staying in the house too (does this make a difference?)

If I was to use s8 and tenant makes a credible defence, or brings a counter claim against me would I not get into an expensive legal process?

Is there no way of re-posessing the property If the tenant is in arrears for more than 1 month while she's on holiday?

What is best? to wait for something to happen or do something now?

Expert:  Jo C. replied 2 years ago.
It isn't very expensive to bring a S8 claim. It is just pointless unless you are going to succeed.
There is no way of repossessing without a court order. That is unlawful eviction which is a criminal offence.
Customer: replied 2 years ago.

Thats what I meant.

Can I not get a court order 9 months in to my contract? While she's on holiday?

Expert:  Jo C. replied 2 years ago.
Only if you can show S8 breaches.
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