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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I have a property which I let out through an AST agreement

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Hi I have a property which I let out through an AST agreement in April 2015 with a 6 mth break clause. The tenant requested to pay the deposit (£1192.50) over 2 months. I was expecting to receive the total amount by the end of May, however to date have only received £300. He has also sublet. He has stayed he can only pay £300 (which I have not yet registered in the TDS) towards the deposit every month. I have told him he has broken the contract and asked for him to leave by the end of July. He is refusing to leave before October. Where do I stand?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Was it a term of the contract written to pay the deposit and not to sublet?
Customer: replied 2 years ago.
Can I email you the contract please?
Expert:  Ash replied 2 years ago.
If you just check it and let me know?
Customer: replied 2 years ago.
On the top of the contract it is written:
£1192 deposit payable to the landlord. A time frame is not written for this on the agreement.
It's a fixed term 12 mth agreement from 30/4/14 but either tenant or landlord can terminate it on/after 29/10/15
On the agreement it says "not to assign or sublet the property and not to part with possession of it in any other way."
It's says that if the tenant has broken any of the terms of agreement then subject to statutory provisions the landlord may recover possession of the property and the tenancy will come to an end.
Hope this is everything?
Expert:  Ash replied 2 years ago.
Ok. Then you need to serve a section 21 notice and section 8 notice. Templates are available online. The section 21 is to end the contract is it has expired and the Section 8 is because there has been a breach.
If the tenant refuses to leave then you can issue proceedings for possession by completing form N5:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf
The Court will list the matter for hearing and decide wether to give possession. If the tenant refuses to then leave you can instruct bailiffs to evict. But you MUST get a Court order
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

So on the basis that the tenant has not paid the deposit and is refusing to pay the deposit because I have now asked him to leave (before the break clause in October) - can I evict him?

Or am I using the S21 because of the sublet? Or both reasons?

How long will it take for this process roughly?

Also the contract that the tenant has with the other person (sub-let) do I have any legal obligations? He apparently has him on a 10 month contract.

Expert:  Ash replied 2 years ago.
Section 8 for both reasons.
IT can take a month or so to get an order. If the tenant sub lets you have no legal obligations,
Does that help?
Alex
Customer: replied 2 years ago.
Hi Alex yes that is helpful. Thank you.
Customer: replied 2 years ago.
I am within my rights to ask him to leave my property since he has breached the contract right? And if he then refuses I can take the action as you stated above.
Thanks
Expert:  Ash replied 2 years ago.
YEs, that is a Section 8.
Does that help?
Alex
Customer: replied 2 years ago.
Ok that's great! I will let the tenant know that. What the tenant has told me is that if I want him out NOW then he will not leave now but will leave in October as per the contract and between now and then he will only pay me the rent and no further deposit. Based on what you have said in this case, I will need to seek a court order under breach of S8. Thank you for clarifying this point.
Also if he does damage my property in the time he is there and I have no deposit to cover this, where do I stand? I didn't do any credit checks on this person because I took the word of a friend who knows him well and vouched for him.
Expert:  Ash replied 2 years ago.
If he does damage you need to sue the tenant and get a County Court Judgment.
Alex
Customer: replied 2 years ago.

Right ok, well hopefully it won't come to that.

Sorry to keep going over what may seem like the same thing to you but I am unclear about this:

To serve a notice to the tenant means that I complete a form and send it and he will have the opportunity to leave. Is it right that if he doesn't respond to this and there is no resolution within 2 months of the date of the order only then can I apply for a posession order from the court by completing the link for the court order that you sent???

Also with regards ***** ***** I can only serve this in August right (as the break clause allows me to ask him to leave in October 2015)???

So at this point in time it is only a S8 that I can serve?

Sorry to ask again, I just need to be clear, as I am writing the tenant a letter to summarise my position.

Expert:  Ash replied 2 years ago.
You can serve a Section 8 now. They have 2 weeks to remedy a breach and if not, go to a Court order.
Google Section 8 notice and you will find a pro forma.
Alex
Customer: replied 2 years ago.
Right got it!! Thank you for your help, it's appreciated.
Expert:  Ash replied 2 years ago.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Ash and 3 other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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