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Firstly, I want the remaining tenant out.
Secondly, I want to go after them rent owed.
Ok - you need to service a notice to quit asking them to leave. If they refuse then you can issue proceedings . You need to complete form N5
The Court will then list the matter hearing and decide whether to give possession, of course the Judge will.
As rent - You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation .
Can I clarify anything about this today please?
Yes please clarify because you have been very vague over the main issue of serving notice and how to go about this.
You simply serve a Section 8/21 notice (if an Assured Shorthold Tenancy) on the tenant, or if not such a tenancy a formal written notice
Once you have served notice and if they do not quit then you can issue proceedings
You would need to complete form N5
The Court will then list the matter and decide whether to give possession
The Court is likely to give possession and if the tenant(s) does not move out you can get bailiffs to evict
Does that help?
8 or 21?
Section 8 if in the fixed period. Section 21 if outside the fixed period
You are not precise. You haven't read all the information I have given you. "They originally had an AST agreement with a fixed term of 6 months. This has since expired as they first moved into the property nearly two years ago. I cannot locate this agreement"
Yes. It is a section 21 then as it has already expired.
Do you need a template?
http://www.landlordzone.co.uk/content/section-21-notices (at the bottom)
http://www.traceadebt.com/free-section-21-or-section-8/4580991879 (at the bottom)
Thank you. I am worrying too much about not being able to locate my original written AST agreement.
I would not worry about that at the moment. its a periodic tenancy
Ok so section 21(4)a ?
Technically its a Section 21(4) Housing Act but its just referred to as Section 21 notice
Because section 21(4) states:
Without prejudice to any such right as is referred to in subsection (1) above, a court shall make an order of a dwelling-house let on an assured shorthold tenancy which is a periodic tenancy if the court is satisfied—
(a)that the landlord or, in the case of joint landlords, at least one of them has given to the tenant a notice [F4in writing]stating that, after a date specified in the notice, being the last day of a period of the tenancy and not earlier than two months after the date the notice was given, possession of the dwelling-house is required by virtue of this section; and
(b)that the date specified in the notice under paragraph (a) above is not earlier than the earliest day on which, apart from section 5(1) above, the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the notice under paragraph (a) above.
Where I have Man A living in my property and Man B supposedly living somewhere else, albeit his stuff is still in my property, should I be serving two separate notices?
No, if A is not living there.
Sorry I mean B not living there
Unless A is named you just ask A to leave.
He has no tenancy
Only Section 21 if B is living there who is the named tenancy
Named? Do you mean named on the original tenancy?
Ok so they were both named on the tenancy. Just one seems to have vacated but his mate could always let him back in. Would it be wise to send two individual notices - one to both of them at my property, and one to Man A at another address I have ?
Ok, its a Section 21.
You only need to serve it on the remaining tenant
However the other tenant would remain liable arrears and Court costs
2 Where there are joint tenants each tenant must be named on the notice as they appear
on the tenancy agreement. It is not strictly necessary, but it is a good idea to serve
additional copies of the notice, one joint tenant.
And do I have to serve it to them at my property address? Because I know where they work
Sorry I just copied that from a link you sent me
Yes it should be served at the residential address, not work
Why not work?
Because it is nothing to do with his work. The rules require you serve at his last known residential address
In which case he gave me his address to be the pub. I asked if the flat above had a separate address and he said no. What else can I do?
Yes it would be the pub then if he gave you that address
Could you confirm - serve notice to both of them jointly, but at two different locations?
Correct. Serve joint
Does that clarify?
Thanks what are my rights if I do as you say and this is incorrect? Are you covered under the law society / SRA?
This site is and answers, no client relationship is formed, please see the disclaimer. But yes I am regulated by the SRA.
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But please see my feedback, I have a very high excellent rating
Thank you. Is there anything you wish to ask me?
I should ask if there is anything you would like me to clarify ?
Only if you know any firms that would serve a section 21 notice to my tenants and scare the crap out of them?
Well you don't need a law firm to do that. You can do it yourself.
But any High Street firm would do this, but it would cost you around £250
Any experience with this firm that do it for £79 https://www.thelandlordgroup.co.uk/
No experience of them sadly
Again I am not allowed to endorse any particular firm!
Ok thanks your help.
Can I clarify anything else ?
No thank you.
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