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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70708
Experience:  Over 5 years in practice.
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I have served a section 21 on a tenant who owes around £2,000

Resolved Question:

I have served a section 21 on a tenant who owes around £2,000 requiring possession of the property after 12 July 2014.

The tenant is requesting to stay in the property two weeks after 12.7.2014 (26 July) and is prepared to sign a paper that she wishes to terminate the tenacy on 26.7.14 and will vacate the property then.

1) Will this invalidate the section 21?
2) If she signs this paper can we enter the property and change the locks on 26.7.14 if she has not moved out?
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.

On your specific points

1 No, but you should not agree to it. How does it get you any further forward? Its a completely unenforceable agreement. If you are minded to give her two more weeks to cater for her excuses then just don't seek a possession order until those two weeks are up.

2 No. Whether she is deserving or not, she is a tenant on an AST and you cannot just enter. You can only evict her with a court order unless, of course, she abandons the property.

Can I clairfy anything for you?

Jo
Customer: replied 3 years ago.

Thank you for your answers.


 


We are using the accelerated procedure. N5B. rent arrears cannot be claimed back using this procedure.


Can we recover rent arrears through the County Court in a separate claim?

Expert:  Remus2004 replied 3 years ago.


Yes, you can do that. you can also serve as sexually notice alleging grounds 10 and 11 if there are arrears or persistent late payment
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Customer: replied 3 years ago.

Bit confused. What kind of notice? What are grounds 10 and 11?


Thanks.

Expert:  Remus2004 replied 3 years ago.
Sorry! That was my dictation software! It should have read section 8 notice alleging grounds 10 and 11 and, in fact, grounds 8 here as the arrears amount to more than two months in rent