How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jenny Your Own Question

Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
32019188
Type Your Law Question Here...
Jenny is online now

I have a tenant that is due to move out on 21st June .his agreement

Customer Question

I have a tenant that is due to move out on 21st June .his agreement will have finished and I have given him 2 months notice.i have arranged for a builder to start work on the 22nd taking out the bathroom as it has porus tiles on the walls that need replacing.
I also have new tenants who want to move in a week later when the work is finished.
The current tenant has withheld his last months rent and now threatens not to move out.if he doesn't can I still go in with my builder for him to start work he tells me that he can stay as long as he wants and I can't get him out.
.thank you *****
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. What kind of tenancy arrangement is it? Is it an Assured Shorthold Tenancy?
Customer: replied 1 year ago.
Yes it's an assured short hold tenancy.
Expert:  Jenny replied 1 year ago.
Why is he refusing to leave? Is it just one month's rent he is behind on?
Customer: replied 1 year ago.
He's only one months rent behind. He's brought his wife over from where ever he comes from without telling me she's living there .hes been there for 3 years 6 months .i renew the agreement each year except this one was for only 6 months because I need to get the bathroom done.
He's just arrogant , I don't know why he's threatening me .he might still move out on Sunday .but I need to know if I can go in with the builder to start work.
My tenant says " I know all about the law and you can't get me out "
Expert:  Jenny replied 1 year ago.
Under property law you cannot get him out without a court order for possession.
If you have a written Assured Shorthold Tenancy and you have given correct notice (which seems to be the case if you have given 2 months) then you can apply for an accelerated possession order, which is given 14 days after the date he should have left. Full details of the procedure and the forms you will need to use can be found on the following website
https://www.gov.uk/gaining-possession-of-a-privately-rented-property-let-on-an-assured-shorthold-tenancy
This causes you a problem in that you cannot legally get possession for the builder or the new tenant without following this procedure.
You should tell him that if he does not leave in accordance with your notice you will apply for a court order and to recover your losses as a result of his breach, i.e. the court fee and your losses for not being able to proceed immediately with the work.
I do hope that he does not mess you around and decides to leave on the due date.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Jenny and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Actually the question was if tenant doesn't move out when he should can I go in with builder to start work
Expert:  Jenny replied 1 year ago.
Hi you cannot evict him without a court order but you can obtain access to do the building work providing he can remain in the property.
You need to tell him that this is your intention before the builder turns up.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions