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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70215
Experience:  Over 5 years in practice
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I am private Landlord. I have an assured short hold tenancy

Customer Question

I am private Landlord. I have an assured short hold tenancy with a tenant, that ends this month feb28th 2015.
I gave the tenant his notice back in sept 2014 requiring the property back and building work etc. So he had effectively 6 months notice.
The tenant missed november 2014 payment, complaining of unpaid cheque and financial issues.
I told him he would have to pay this as soon as he could.
He never paid just continued with december and january payments but now, has not paid the last month of the tenancy, (this month feb).
The tenant has lived there years approx and has never missed a payment before.
My feeling is that he will move on, leaving no address and me minus 2 months rent.
Apart from asking forwarding address to chase him up once he moves, what action can i take to get him to pay the rent?
Do i need any other information from him to help me legally at this time?
Another concern I have is that I did not put his deposit into a dps,
although i have the money in an account and gladly will return it upon correct condition the property is returned to me.
Can this in any way inhibit me chasing him legally rent money owed?
What action do i take now?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
.
Thank you question. My name is ***** ***** I will try to help with this.
Has he claimed against you to protect his deposit?
Customer: replied 2 years ago.

no

Customer: replied 2 years ago.

Jo C.

No he hasn't.

Expert:  Jo C. replied 2 years ago.
Is he still living in the property?
Customer: replied 2 years ago.

Yes

Expert:  Jo C. replied 2 years ago.
I would forget about the rent. You have other problems I'm afraid.
Are you still within the AST term?
Customer: replied 2 years ago.

yes

Expert:  Jo C. replied 2 years ago.
Do this tomorrow. Whatever your plans, cancel them.
Secure the deposit. You are late and he does have a claim against you but at least then you can serve a proper S21 notice.
Unfortunately your notice is invalid because you haven't secured the deposit. If you secure the deposit late you can serve a S21 notice period afresh. It will start the notice period again and that is unfortunate but it is a lot better than having him there rent free forever.
He will still have a claim against you securing the deposit to three times the sum of the deposit. If you secure the deposit you will be better placed to resist it. There will be an award in his favour but probably not three times the rent.
If you are owed missing rent of more than three months then that is probably worth claiming. If not, I would not pursue this. It is just inviting a counter claim from him. If he does sue you then you could counter claim. It might be the bargaining chip that you need.
Sorry but I can only give you truthful information
Can I clarify anything ?
Jo
Customer: replied 2 years ago.

Ok.

can't i still evict him without a section 21?

Expert:  Jo C. replied 2 years ago.
No.
You need a S21 notice that is valid to bring to an end either an AST or a periodic.
I realise this is bad news but at least you can still put it right.
If you were outside of the AST then it would be too late.
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

can i not claim possession under a section 8?

or does that not apply?

he started living there 7-8 years ago.

I intend to live in the property after.

It was my main home and I want to reclaim it

Expert:  Jo C. replied 2 years ago.
You can but you still need to serve a S8 notice and you can't do that without protecting the deposit.
Customer: replied 2 years ago.

Thank you so much! x

Henry

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
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