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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a very complex situation with a tenant in my property,

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I have a very complex situation with a tenant in my property, along with the property manager. The tenant is arrears with his rent, about to go to 2 months, and took on the tenancy as a single occupant. Last week, I needed to visit the property with a surveyor to value it with a view to selling early next year. Before my arrival the property manager called me to "prepare" me for my visit. He informed me that the tenant had moved his 3 children into my 1 bed flat and that I needed to be prepared for what it looked like. On arrival, I found bunk beds in every room and the flat looking like a storage facility, as well as being incredibly untidy and not very clean. To add to this, on going into the back garden, I found a fence had been put up half way, which the property manager informed they had received a letter but never informed me - effectively, my neighbour has "stolen" half of the 100ft garden. The estate agent arriving to value the property for selling informed me that the property is not marketable with the tenant in his current living arrangements. The property manager is actively trying to dissuade me from taking legal advice and says the estate agents are being "lazy" by saying the property is not marketable. I now trust none of them and am stuck overseas wondering what else can go wrong. Please advise me which way to turn first - the property is in London and I live in the Netherlands so I can take more control if necessary.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
What is it you want to achieve please?
Customer: replied 2 years ago.

I would like to know the best way to proceed to get my property back, and get it ready for selling. And if I need to find a new property manager or is there any way I can have redress over the property manager's inaction and withholding of information

Expert:  Ash replied 2 years ago.
Is the tenant in breach of the tenancy agreement?
When the tenant move in and was it a 6 month agreement?
Customer: replied 2 years ago.

He was 2 months in arrears 2 weeks ago, paid 1 month last week.

He took on the tenancy of the flat 1 bed as the sole occupant but moved his 3 children at some point since March 9, when he moved in. I do not know when because the property manager did not inform me - I have asked him to disclose full details but I doubt he will. I do not know if this is a breach according to English law, as he is not subletting the property to independent people, they are his children.

Tenancy started March 9 2015, there is a 6 month break clause in the contract for a 1 year tenancy agreement.

Expert:  Ash replied 2 years ago.
Ok. If he is 2 months in arrears then you can issue what is called Section 8 notice. You can find one of these online. If he does not leave then you can issue proceedings using form N5:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf or you can do it online at:
https://www.possessionclaim.gov.uk/pcol/
The Court will list the matter and decide whether to give possession. If the Court gives possession and does not leave then you can instruct bailiffs to evict.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Yes, I know about the Section 8 but I thought a Section 21 was suitable if he is beyond his fixed term. If he has paid one of the months' arrears, I thought I would need to issue a notice to quit citing Section 21. Is this not the case?

Expert:  Ash replied 2 years ago.
Section 21 if on a periodic tenancy, so if the 12 months had expired then it would be a Section 21, UNLESS you are exercising the break clause.
If you are doing the break clause then it is a Section 21.
Does that help?
Alex
Customer: replied 2 years ago.

I am actioning in regards ***** ***** notice after the 6 month break clause as he has been in the property 7 months as of 9 October so I can do section 21, correct? Giving 2 months notice to quit?

Expert:  Ash replied 2 years ago.
Section 21 yes.
The 2 months takes effect from the next billing date period.
Does that clarify?
Alex
Customer: replied 2 years ago.

Yes, thank you - do I need to appoint a solicitor to give the notice or do I do it myself in the first instance, citing the termination of 2 months effective from the next period (9 November) in accordance to Section 21 and the 6 month break clause in his contract, and that he needs to vacate by or on 9 January 2016. Is that all I need to tell him in this instance?

Expert:  Ash replied 2 years ago.
No, you can do this yourself. I would always issue BOTH a S,8 and S.21 notice.
Yes, this is all you need to say - Google search a S.21 notice template, lots of free ones available.
Does that help?
Alex
Customer: replied 2 years ago.

Yes, thank you. All clear.

Expert:  Ash replied 2 years ago.
Good luck!
Alex
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