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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70419
Experience:  Over 5 years in practice
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I am having problems getting one of my tenants to pay what

Customer Question

Hi I am having problems getting one of my tenants to pay what he owes on his rent. I have been more than generous in giving him time to pay off his arrears but he has made no effort since beginning of December, which was his last payment of £70. Amont outstanding to date is £610. His room is £280 month and he has signed a contract. As he is in breach of his contract can I kick him out or do I have to give him another warning to pay up?
Regards Carolynn
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 type of contract is this please?
Customer: replied 2 years ago.

Just an ordinary contract you buy at whsmith. Still legal thou and witnessed. It's a contract for room lettings as I rent out the house as a house share but 3 individual contractso as 3 tenants.

Expert:  Jo C. replied 2 years ago.
It is quite important which contract you are on.
Are these rooms self contained? Do these tenants share a bathroom and a kitchen?
Customer: replied 2 years ago.

Its a Tenancy agreement -England & Wales F401

(for a furnished house or flat on a assured shorthold tenancy)

It's a shared bathroom and kitchen and the house is shared so other then their own private room the rest is shared with the other tenants. There is a downstairs toilet.

Hope this helps?

Expert:  Jo C. replied 2 years ago.
That could be a problem.
That sounds like an AST but these are individual agreements which would potentially void them.
In any event, presume that they are in force and do exist and that this is an AST.
You need to serve a S21 notice bringing the agreement to an end. It sound be S21[1] since this is an AST.
If he refuses to go then you need to seek an eviction order citing grounds 8, 10 and 11 which cover rent arrears, persistent delay and more than 2 months in arrears.
If it is an AST then you have the right to your property back because they are two montsh in arrears. If not then you can rely on the S21 notice which is all you need to bring it to an end.
Can I clarify anything for you?
Jo