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 Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I had tenants move in begining feb who signed assured shorthold

Customer Question

Hi I had tenants move in begining feb who signed assured shorthold tenancy agreement 24th jan, has a break clause in and no pets clause 2.14 also states right to charge additional rent. 1st month the payment was late (advised bank compromised and frozen). then I found out end may they had a puppy, went to see them offered compromise of new agreement to include dog and new bond or increase in months rent under. they advised they couldnt afford. So we all agreed that I would give 2 months notice. Since they have decided they want a council property so they wont accept the notice and want a section 8 notice and have not paid this months rent either. I have in meantime split with my partner, and want advise on what ground the section 8 notice can be issued. can it be ground 1, 11 and 12? many thxs Paula
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Has this property been your primary home?
Customer: replied 1 year ago.

Yes Jo, before I movd out in October 2012.

Expert:  Jo C. replied 1 year ago.
Is your intention to move back in?
Customer: replied 1 year ago.

Yes I have split with my partner. Althogh when I started this I was seeking grounds that they had moved a puppy and my agreement is no pets. they also have been late with 2 payments since feb. The situation for me to move in has changed recently

Expert:  Jo C. replied 1 year ago.
Yes, you wouldn't have got possession on that ground alone. Nobody is ever evicted because they have pets. The Court would have just said that you could deduct any damage from her damage.
If she is two months in arrears though you can rely on ground 8 which guarantees you possession unless she pays. You can also rely on ground 10 and 11 which will probably secure possession.
If it is your intention to move back then you can rely on ground 1 as well which does guarantee you possession if it is accepted. Obviously Judges do not have to accept it on facts though.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

So Just to clarify then

Ground 10 is non payment (but if they pay then thats out)

Ground 11 is late payments of which there has been 2 begin feb and this month.

Ground 12 but pardon the pun unlikely as no leg to stand on with a pet even though clause in tenancy (pointless clause really I guess)

Ground 1 on basis I need to move in now, but if that was not know at the start is that still ok?

Expert:  Jo C. replied 1 year ago.
No.
Ground 10 - yes, it falls if they pay arrears off
Ground 11 - you can still rely on this and usually it is successful. Judges are never impressed when people pay at the door of court.
Ground 12 - yes, I would never rely on it alone.
Ground 1 - you can add it. You need to give proper notice. The only concern about subsequent addition is that Judges may think it is self serving.
Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.

I did give a letter of notice on the 10th June of 2 months. which at the time they agreed to but din't give my personal reason. It sounds like I cant issue anything then until 24th July, as that will be date they have had 6 months from signing agreement an move to county court possession notice 21??

Expert:  Jo C. replied 1 year ago.
If you gave notice on the 10th June then I would carry on in reliance on that.
You can always issue a fresh notice but it will have to start again which will create a delay.
Customer: replied 1 year ago.

When I say notice I mean a hand writen letter to give 2 months notice to leave nota notice 8 (sorry not up on terminology, first time in this situation)

Expert:  Jo C. replied 1 year ago.
Have you not served a S21 notice or a S8 notice?

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