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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70716
Experience:  Over 5 years in practice.
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Hello, my name isXXXXX have a property that i rent out to

Customer Question

Hello, my name isXXXXX have a property that i rent out to somebody on DSS, he works and has his girlfriend living with him who also works. He is supposed to pay his rent a month in advance but failed to do so on the 12th of September to cover him until the 12th of October. I have sent him a solicitors letter but have had no response. How long is it before i can serve an eviction notice on him please ?
Submitted: 4 years ago.
Category: Property Law
Expert:  Remus2004 replied 4 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

What type of contract is this.
Customer: replied 4 years ago.

Hi Jo, its just a 12 month tennancy agreement, to be reviewed after 6 months.

Expert:  Remus2004 replied 4 years ago.
Thanks.

Is it entitled assured shorthold tenancy agreement?
Customer: replied 4 years ago.

For Jo C. Yes it is

Expert:  Remus2004 replied 4 years ago.
Thanks.

What are the dates of his agreement please?
Customer: replied 4 years ago.

For Jo C. His agreement started on the 12th of July.and he paid his first months rent on that date too.

Expert:  Remus2004 replied 4 years ago.
Thanks.

You can serve a S21 notice upon him at any time. In fact, with ASTs its a good idea to do it the day after the AST begins. You don't have to enforce it but if you serve it then it is done.

However, all the S21 notice does is give notice that you don't intend to renew the AST. That is worth doing but it doesn't deal with your instant problem.

To deal with that you need to serve a s8 notice. There is no point in doing that though until he racks up arrears of two months. Then you can serve it citing grounds 8, 10 and 11.

Ground 8 will guarantee you a possession order at court as that covers being more than 2 months in arrears.

Ground 10 and 11 cover any arrears and persistent late payments. Its useful to cite these because they will allow you to carry on at court if the tenant attends court and reduces the arrears at the door of court. They are not mandatory grounds though.

You only have to give 14 days notice under a S8 notice.

However, you will need to apply to court. Unless he goes you cannot evict him any other way.

Hope this helps. Please let me know if you need more information.