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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice.
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we have a tenant in a HMO , that is always a week late with

Customer Question

we have a tenant in a HMO , that is always a week late with her rent and owes £65 in bills that she is refusing to pay. her agreement has a year left at the property. She has upset us the landlords and the other tenants . i have given her two weeks notice as of last wednesday the 11th september , of 2 weeks to vacate / she is refusing to go , what can i do ?
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.

Remus2004 :

Thank you for your question. My name is Jo and I will try to help with this.

JACUSTOMER-v4gkhi2i- :

ok thank you

JACUSTOMER-v4gkhi2i- :

whats the answer ?

JACUSTOMER-v4gkhi2i- :

can you please help ?

Expert:  Remus2004 replied 3 years ago.
I have converted this to Q and A for you as your responses were not visible.

What type of contract is this please?
Customer: replied 3 years ago.

for jo c


 


its a short hold tenancy , photocopied , bad copy


 

Expert:  Remus2004 replied 3 years ago.
Thanks .

When should that end if the AST ran its course?
Customer: replied 3 years ago.

next september 2014

Expert:  Remus2004 replied 3 years ago.
Thanks.

Have you served a S21 notice?
Customer: replied 3 years ago.

no , just handed a written notice with address of her and us . and the reasons to the notice and 2 weeks to move out


 


regards

Expert:  Remus2004 replied 3 years ago.
Thanks.

I am really sorry to be the bearer of bad news but you cannot just give her notice. This is an AST and they are very difficult to escape.

For a start you need to serve a S21 notice upon her so that at least you can bring the contract to an end in 2014. You cannot do it any other way. A hand written notice is not sufficient.

In terms of removing her immediately, I'm afraid its bad news. You can serve a S8 notice upon her citing grounds 10 and 11. Those grounds cover any rental arrears and persistent late payments. They are not mandatory grounds and if its just being a week late the court is not going to make a possession order I'm afraid not least because she will probably improve if she knows you are trying to evict her.

Unless she is two months in arrears you do not have a realistic chance of removing her I'm afraid.

I'm very sorry but I have to give you truthful information.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

can i with hold any of her personal goods in lieu of her late rent , and outstanding bills


 

Expert:  Remus2004 replied 3 years ago.
No, I am sorry.

But you can deduct from her deposit and sue her at the small claims court if that exceeds.

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