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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69535
Experience:  Over 5 years in practice.
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My tenants have given one months notice on my property ( a

Customer Question

My tenants have given one months notice on my property ( a 3 bed house rented to them on a fully furnished contract) their last months rent is now 1week overdue ( it was due on the day they gave notice ). I have since discovered that they only payed me £600 of the agreed £1800 deposit which I had stupidly from my own money placed in a deposit protection scheme for them . They had agreed to pay into my account the remaining £1200 outstanding in several lumps after the tenancy was signed which i now find they never did.I have been asked for a reference from Rent Shiled as to the timeliness of their payments etc.
I have told them I am unable to give them a good reference until they pay my last months rent and complete the deposit payment by the end of today otherwise I will have to give rent serve a factual report which I am guessing will loose them their new place. What happens if they stay in my house and refuse to pay further rent.
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.

Is this an assured short hold tenancy agreement?
Customer: replied 2 years ago.

Hi. yes it is

Customer: replied 2 years ago.

yes it is an assured short hold tenancy as defined in the housing act1988 and the provisions for the recovery of possessions by the landlord in the act apply accordingly as amended by the housing act1996

Expert:  Remus2004 replied 2 years ago.
Thanks.

I'm afraid its not good news.

If they stay beyond their notice and stop paying then you would have to seek a possession order from the court. However, you need to serve proper notices.

You can serve a S21 notice bringing to an end this instant AST at the time that it would normally end and rely upon that.

You can also serve a S8 notice alleging breaches. If they accrue more than 2 months arrears then you can rely on ground 8 which is mandatory possession. However, its a good idea to cite grounds 10 and 11 which cover any rent arrears and persistent late payment just in case they do reduce the arrears to under 2 months at the door of court and you are left with nothing.

If they do stay then they are still liable to pay rent and you would get a possession order and compensation at court. Obviously whether you ever get the money is another matter.

Ultimately though, if they still refuse to go then you can get bailiffs to remove them.

I'm very sorry as this is very unfair.

Can I clarify anything for you?

Jo
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69535
Experience: Over 5 years in practice.
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Jo thanks for your swift response.


Hmm so do you think I am better off giving them a false good reference rather than a factual reference which could would leave them without a new place to go to and stuck in my house, and hope they will pay the last months rent? which I am guessing I could small claims them for.


Relationships have been hitherto fine. One of them is in banking law so I am guessing would want to avoid a claim against him

Expert:  Remus2004 replied 2 years ago.
No, absolutely not. Its not ethical to do that and also it may expose you to liability when the new landlord finds out that it was inaccurate.

You can always sue him. That is easy and cheap.

Also, they probably won't want to be evicted under S8 because that would not make them attractive to other landlords.
Customer: replied 2 years ago.

hi Jo


 


Your service is excellent but when I try to rate you it seems to cut off, once rating you ( excellent) how do I get back to you?

Expert:  Remus2004 replied 2 years ago.
I never use the site from your side so I'm not sure what you are seeing but you can respond further on this post to ask follows up.

I'm just offline for about an hour but I'll pick up soon.
Customer: replied 2 years ago.

Ok Thanks Jo


 

Expert:  Remus2004 replied 2 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.
Customer: replied 2 years ago.

Hi Jo one of the tenants is Legal Councel at Investments Mercer.


 


If I sue in the small claims court I am guessing I would win? as there has never historically been any disputed issues so it simply rent non payment. I am thinking given his job this is the last thing he will want?


 

Expert:  Remus2004 replied 2 years ago.
Not necessarily actually. CCJs don't have much impact although I think there are professional rules that require solicitors to tell the law society if they are bankrupt.

But f there are rent arrears then you should win at court.
Customer: replied 2 years ago.

ok thanks Jo. So presumably I would just issue my own small claims document.


 


"You can serve a S21 notice bringing to an end this instant AST at the time that it would normally end and rely upon that."


 


Sorry I do not know what the above means, and would I serve the S21 or does this have to be done through a Lawyer?


 

Expert:  Remus2004 replied 2 years ago.
Well, if you are seeking to evict these people then you have to use the possession website here

https://www.possessionclaim.gov.uk/pcol/
Customer: replied 2 years ago.

ok thanks Jo.


 

Expert:  Remus2004 replied 2 years ago.
No problem.

All the best.

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