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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have got a rental property and my tenant has not met

Resolved Question:

Hi - I have got a rental property and my tenant has not met their contractual duties that is the rent has not been paid monthly and has got 2 months owing.
He is on periodic tenancy and I have served section 20 giving them 2 months notice which expires on the 29th Feb.
My question is:
1) With periodic tenancy, should I be giving him one month or two months notice?
2) I served the section 20 is by recorded delivery before the monthly rent is due and he said he received it after the service date because the concierge did not pass it to him - will this stand in the court of law?
3) While he is on notice can I put the property on the market? What if he doesn't allow entry to the property for viewing?
4) How do I recover my outstanding rents?
Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.I assume he has an assured short hold tenancy please?
Customer: replied 1 year ago.

Yes he does.

Thanks

Dan

Expert:  Ash replied 1 year ago.
1) With periodic tenancy, should I be giving him one month or two months notice?- 2 months notice, this is the law.2) I served the section 20 is by recorded delivery before the monthly rent is due and he said he received it after the service date because the concierge did not pass it to him - will this stand in the court of law?- Just being delivered is enough, it does not need to be in his hand3) While he is on notice can I put the property on the market? What if he doesn't allow entry to the property for viewing?- Yes, nothing wrong with doing this. He can't deny entry if your tenancy agreement allows it.4) How do I recover my outstanding rents?- If he just leaves then you issue a county court claim at his new address. If he does not leave and you require an order for possession then you can ask for arrears.Does that help?Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks.

Point #2. I read somewhere that the tenants must sign and return a copy of section 21 to the landlord. Landlords should always keep a copy of the notice served and of any covering letter.

Expert:  Ash replied 1 year ago.
You should keep a copy but o need to get a signed copy back.Does that clarify?Alex