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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice.
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Hi, I live in 3 bedroom property in London. This is a shared

Customer Question

Hi,

I live in 3 bedroom property in London.
This is a shared house and each person pays directly to the landlord.

Living in this property is based on trust, there are no contracts.
My role in the house is look after and maintain the property, help each tenant with any problems or issues that may arrise.

This arrangement has worked brilliantly for almost 10 years.
But in the past year 1 of the tenants has become very difficult to live with.
I wont bore you with the domestic details.

Apart from the domestic problems there are 2 major issues with this tenant.

1/ Not paid his rent for 6 months
2/ Moved his girlfriend in to the property without consultation.

The landlord and I have now had enough of the tenant and would like him removed.
We would like to this properly.

Given the fact there is no contract, what are the correct legal steps we need to take to remove this person from the property ?

Kind Regards




The newest tenant (
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank your for your question. I will try to help with this.

When you say a shared house, do you mean he lives with the landlord and shares amenities?
Customer: replied 3 years ago.

Hi,


 


No the landlord doesn't live in the property.


 


I live in the property and look after all maintenance etc.


 


 

Expert:  Remus2004 replied 3 years ago.
And do you all share amenities or have separate self contained rooms?
Customer: replied 3 years ago.

 


We share the whole house.


Kitchen, bathroom, living room and garden are all shared.


 


Each room is just a normal bedroom, no sink or other amenities.


 

Expert:  Remus2004 replied 3 years ago.

OK. In the absence of any paper contracts, this person is subject to a periodic tenancy agreement.

You need to serve a S21 notice upon him on or before the rent date giving him no less than 2 months notice. If he does not go after the two month period then you can apply to the court for accelerated possession.

Also, you can serve a 8 notice upon him because he is 6 months in arrears. You only have to give him 14 days notice and then you can seek possession using the N5 forms.

If he doesn't go then you can get the bailiffs to evict him upon a compensation order.

Customer: replied 3 years ago.

The '8' that you spoke about ?


What is this ?


 


Does the landlord need these documents produced by a property law firm specialising in this area ? There are a numer online that use a 3 stage system to remove unwanted tenants.


 


Should the landlord try to retrieve the rent outstanding now or after the documents (eviction notice) has been issued ?


 


How should the landlord proceed in retrieving the outstanding amount ?


 


 


 


 

Expert:  Remus2004 replied 3 years ago.
1 S8 notice. Seeks to evict on the basis of breaches. Here its a mandatory ground 8 because he is more than 2 months in arrears.

2 Not necessarily but if you pay Sue at ABC Properties on 0151(NNN) NNN-NNNNa nominal sum she will probably deal with the eviction.

3 The only way to do that is to seek money compensation at Court. Unless he is working or has assets it might be a matter of throwing good money after bad.
Customer: replied 3 years ago.

The tenant is working and also owns a flat which is rents out!


(believe it or not, he's also a landlord).


 


My last question's:


 


Is it advisable to try and remove the tenant with a personal letter addressed to the tenant asking him to pay the funds etc, but also ask's him to leave ? Or is the legal method the preferred route ?


 


At this stage is an email as good as a letter in the post ?


 


What pit falls should the land lord look out for ?


Any common mistakes to avoid when dealing with such a situation ?


 


These are my last question's.


 


Many thanks, XXXXX XXXXX most helpful!


 

Expert:  Remus2004 replied 3 years ago.
You can do that but you are dependent on his good will. If he doesn't then you are back to the legal route. Personally I wouldn't bother. It will just add a further two weeks to the eviction process.

An email is fine.

If you do what I said above there won't be pitfalls or mistakes. you have a mandatory ground for possession. Its only really when people go off at tangents of their own that problems develop.
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69359
Experience: Over 5 years in practice.
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you.


 


Will follow your advice.

Expert:  Remus2004 replied 3 years ago.
No problem. All the best.

Give Sue a call in the morning.

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