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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a landlord, I served my tenant a section 21 notice to

Resolved Question:

I am a landlord, I served my tenant a section 21 notice to leave the property on the 17th of June. After a long period of silence during which my letting agent tried to get in touch with the tenants he replied yesterday saying he is out of the country and will speak to the agent on his return in September. He should have paid a sum of £502 pounds which is the amount of rent he owes until 17th August. He has indicated that he does not intend to pay the rent ,usually paid in advance monthly, or leave the property as he has been asked to do. We have complied with all the necessary rules regarding asking a tenant to leave.
can you please advise what our next steps are. We would like the property back as soon as possible. As he has indicated that he will not leave nor will be back in the country till September nor pay us any rent. Can they be evicted? If so how long will it take?
They are not living at the property at the moment. My husband and the managing agent visited the property three weeks ago and one of the tenants (the wife) was fully aware of the fact that they had been served with the notice to leave.
I would be grateful for some advise
Thank you
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : If they have not complied t
Alex Watts : If they have not complied with a notice then your next step is to seek a possession order.
Alex Watts : You must have a possession order to evict them.
Alex Watts : To get a possession order you need to issue a claim. You can use the accelerated procedure
Alex Watts : You need to complete form n5b found here
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005b-eng.pdf
Alex Watts : The judge will consider this on the papers and decide whether to give possession.
Alex Watts : If the judge does and the tenant does not move out then and only then can they be evicted
Alex Watts : For more information please see
Alex Watts : https://www.gov.uk/evicting-tenants/rules-you-must-follow
Alex Watts : Can I clarify anything for you about this today please?
Customer:

I had a follow up question. Technically the notice order expires on 17th August so can we start the possession order process in advance of this or do we wait? In other words, given that they have failed to pay their rent for August, can we start the possession order process now?

Alex Watts :

No, you have to wait. This is because they have until 17th August to leave.

Alex Watts :

You can only start a possession order now if they are 2 months behind and you have served a notice saying they are 2 months behind and given then time to pay the arrears.

Alex Watts :

So assuming they have not, no you have to wait for another 2 weeks

Alex Watts :

Does that clarify for you?

Customer:

Thank you yes

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