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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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How do i get non-paying tenants out of my home.thanks

Resolved Question:

how do i get non-paying tenants out of my home.thanks
Submitted: 7 months ago.
Category: Law
Expert:  Jo C. replied 7 months ago.

Are they in the house in which you live or a separate accommodation?

Customer: replied 7 months ago.
separate accommodation, they are renting my house off me
Expert:  Jo C. replied 7 months ago.

Ok. What type of contract is this?

Customer: replied 7 months ago.
it is a written Contract of Tenancy that all Parties Signed, my rent from the Tenants was due on the 20/06/2016 when that date passed by with non-payment they sent me a Text message stating they are withholding the rent and they will send a letter explaining the reason why....I am still waiting for the Letter
Expert:  Jo C. replied 7 months ago.

Is it entitled assured shorthold tenancy agreement?

Customer: replied 7 months ago.
Sorry i forgot to mention the tenancy was for 6 months, which is due to finish on 12/09/2016, we informed them that we will not be renewing the tenancy after this date
Expert:  Jo C. replied 7 months ago.

Ok.

So is it entitled AST?

Customer: replied 7 months ago.
I typed the letter myself which just states the Tenancy will run for 6 months & finish on 12/09/2016 and that a deposit will be returned subject to no damage/breakages in the property. Does that still apply as they stopped paying rent, which i feel is a breach of the tenancy
Expert:  Jo C. replied 7 months ago.

Thanks. That is almost certainly void but that just means that they are on a periodic tenancy agreement.

Expert:  Jo C. replied 7 months ago.

To bring that to an end you need to serve a S21 notice giving them no less than two months notice on or before the rent date.

You should also serve a S8 notice for completion citing non payment of rent. It isn't an AST so it doesn't really matter. This is just an abundance of caution.

Expert:  Jo C. replied 7 months ago.

If they still don't go then you would have to seek a possession order at court but it would be guaranteed to you as this is a periodic and you can end it at any time with a S21 notice.

Can I clarify anything for you?

Jo

Customer: replied 7 months ago.
ok thank you for that, i was told by the CAB that i have to wait for the tenants letter of reply or what action they are taking , before i can sent seek a possession order
Expert:  Jo C. replied 7 months ago.

That is nonsense.

You just service notice, let it expire and then seek possession.

Customer: replied 7 months ago.
The CAB informed me that the tenants must be in the property for 4 months before we can serve a section 21 notice or other But again as they have stopped paying rent does this change things thanks
Expert:  Jo C. replied 7 months ago.

Then they think it is an AST and you said above it was not.

If it is an AST then you can serve a S21 notice at any time but you cannot bring the agreement to an end before September 2016.

You could serve a S8 notice but to be guaranteed possession you would need to wait until they are two months in arrears.

Customer: replied 7 months ago.
Ok do we have any legal rights to enter our property for inspection as we have not entered it in 3 months,
Expert:  Jo C. replied 7 months ago.

You do have a right to 'reasonable access' which does include the right to inspect.

You do have to give tenant's notice though and give them the option to choose other dates.

Customer: replied 7 months ago.
ok thankyou, we only have limited contact with them which is via text, they now say we can only contact them through post but this takes longer and would they even reply ? as we are still waiting for an explanation/reply to Non-Payment of Rent
Expert:  Jo C. replied 7 months ago.

You can send them texts.

As long as you only send a reasonable number of texts and there is a legitimate reason for them then that is not harassment

Customer: replied 7 months ago.
Ok that is fine and really positive information from You thankyou for all your help. i will now sign off and rate this situation thankyou and Good bye
Expert:  Jo C. replied 7 months ago.

No problem.

All the best.

Jo C., Barrister
Category: Law
Satisfied Customers: 69537
Experience: Over 5 years in practice
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