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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70187
Experience:  Over 5 years in practice
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I have a difficult tenant who has not paid rent, technically

Customer Question

I have a difficult tenant who has not paid rent, technically Tenant is in breach who has theraten to serve eviction notice on Landlord by terminating the elase alternatively demanding restitution for unihabitable property. As landlord we are quite open to terminate the lease which is for 2 years commencing march 2015 in central london.
Property was bought in November 2014, as buyers' we went through the necessary surveys, rennovation etc before letting. Tenant is very demanding and since moving in March 2015 has been verbally denmanding to fix something or other every now and then so much so our property managers do not want to manage the property because of tenants behaviour. Quarterly rent was due on 16th June 2015 which remains unpaid . tenants wants to off set the rent against certain furnishings which we haev alreday confirmed to will be done, it appears tenants ultimate intention is to seek restitutions which is unjsutifies. tenant has never made a single complain in writing. Our managers have all the Managemnt records of repairs and maintennace carried out against tenant complaints. tenant has never addressed concern in writing.
What will be the procedure to serev notice on tenant?
ThanK You
As landlord we want to seek recourse by terminating the lease for failure to pay the rent and waht we belive is to defend teh extortions in teh form of Restitution
How can you help
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.
Is this an assured shorthold tenancy agrement please?
Customer: replied 2 years ago.

Hello Jo,

Yes, this is assured shorthold tenancy agreement.

Customer: replied 2 years ago.

Yes, this is an Assured Shorthold Tenancy Agreement

Expert:  Jo C. replied 2 years ago.
Thanks.
What are the dates upon it?
Customer: replied 2 years ago.

Date signed 13th March 2015

Tenancy Period 16th June 2015 to 15th June 2017

Expert:  Jo C. replied 2 years ago.
OK.
No break clause?
Customer: replied 2 years ago.

sorry Tenancy period 16th march 2015 to 15th March 2017

No Break Clause

Expert:  Jo C. replied 2 years ago.
Is the rent due quarterly or monthly?
Customer: replied 2 years ago.

rent is payable quarterly was due on 16th June 2015 (2nd rent)

Expert:  Jo C. replied 2 years ago.
You are in the middle of an AST and they are hard to escape.
You need to serve a S21 notice upon them and a S8 notice citing grounds 10 and 11 which assert rent arrears and persistent non payment of rent. You cannot rely on ground 8 yet because they are not in arrears of two quarters.
That does mean that you are stuck with a discretionary rather than mandatory ground to grant possession but given that this is quarterly payments the court should be in your favour.
If they still do not go then you need to seek possession at court although often tenants go upon the expiry of the notice.
You can do so here
www.possessionclaim.gov.uk
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank You Jo

is it possible to frame a reply to Tenant which amongst other should include

Failure to Pay rent-

Failure to communicate

Is Tenant entitle to restitution just because tenant thinks part of the place in inhabitable . What good is asurvey report ?

what constitute "inhabitable dwelling"

what can we do against tenants volatile temperament

Expert:  Jo C. replied 2 years ago.
No.
Those are not grounds for possession save for the failure to pay rent.
He may have a claim in disrepair but he cannot just refuse to pay rent. If he wants to claim for disrepair then he should be suing. It is very unlikely this property is uninhabitable. It would have be literally gutted by fire damage or flood water or something similar.
Customer: replied 2 years ago.

Thank You

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Customer: replied 2 years ago.

Good Morning Jo,

Please advise where I can get access to S21 and S8 and what sub section relates to my concern

can you recommend "precedents " Case History which are similar to my issue and can be refereed to

Please send relavent websites

Appreciate your assistance

Expert:  Jo C. replied 2 years ago.
You have to purchase S21 and S8 notices. I haven't seen any free notices available. You can get physical copies in WH Smiths.
This site advertises free notices but as far as I can see it is not free
https://www.legalnature.co.uk/lp/uk-s8-36/Free-Section-8-Notice-to-Quit?utm_source=Google&utm_medium=ppc&utm_term=free%20notice%20section%208%20form&utm_campaign=Section+8+Notice+-+Broad&fid=7519234
Precedents don't really apply here. It is a matter of statute law.
Customer: replied 2 years ago.

Thank You for your assitance . While I apologize for bothering you, however, as a first time landlord I will need your help in seeking which notices I should tender to Tenant to seek rent and what are the notices required for Tenant to remedy the situation. How often and frequently tenant can delay rent payment and for how long.

Customer: replied 2 years ago.

Thank You for your assitance . While I apologize for bothering you, however, as a first time landlord I will need your help in seeking which notices I should tender to Tenant to seek rent and what are the notices required for Tenant to remedy the situation. How often and frequently tenant can delay rent payment and for how long.

I am currently out of UK and will not be there for few weeks. is it possible to get access to the sections 21c and 8 on the web or from you. I have to get back to tenant by tomorrow

Thanks

Expert:  Jo C. replied 2 years ago.
Yes, I gave you the links above?
Customer: replied 2 years ago.

Hello Jo,

Further to yours

Some of the facts for your guidance

Commencent of lease 16th March 2015 for 2 years without breaking clause

Rent payable quarterly , was due on 16 June 2015. rent remains unpaid .

Tenant is demanding "restitution " on the pretext premises is "Unhabitable"

Can "tenant " on his/her own declare a property "unhabitable".

Will aan indepent surveyor finding constiture apremise as "unhabitable"

Can small breakdowns which are attended and repaired constitute property "unhabitable"

Can Tenant give a6 week notice eviction order and under what grounds

Pleased to hear

Best Regards

Expert:  Jo C. replied 2 years ago.
No, that isnt going to be sufficient to be amount to 'unihabitable.'
The tenant needs to give you proper notice. Six weeks may be sufficient depending on the dates of notice and the dates of due rent.