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Hello my name is ***** ***** I will help you with this.
Are you a live in Landlord please?
Hi Alex, I am not, I work in an Estate Agency
Ok - but is the Landlord live in?
There is no live landlord. It is a house with 4 licencees.
Ok - so the new tenant is in a property without any form of written contract, in effect?
yes, he refused to sign any written contract
Would it have been a licence or an AST for the room?
It would have been a licence for a room
Ok - in that case you can give notice to quit.
Assuming he pays weekly you can give a weeks notice.
Then once that notice has expired what you can do is go and evict, as a licencee he has no rights to stay there and very little protection
But you may wish to get a Court order and use a bailiff to get possession.
Technically you dont have to as it is a licence, but some Councils get a bit twitchy and try and claim its an unlawful eviction.
So to be safe issue possession proceedings and get a Court order.
Can I clarify anything for you about this today please?
he has not paid any money since he moved in there 28th July 2014. At the old property, he was paying monthly until we moved him to the new place.
Ok - but you still need to go through the process.
The old contract ended when he moved out
You should now have a new licence contract
That is why you need to serve notice to quit and then go down the possession road.
ok, but he hasn't signed any contract, should I take it to be an oral contract, and if I should I go section 21 route?
I was checking Section 21 route, it is requesting for 2 months notice
to be given to the tenant, how do I overcome this hurdle
Its not a Section 21, he does not have an AST
You said he has a licence
If he only has a licence you can terminate it without notice.
But if he is paying weekly I would give him a weeks notice
But its not S.21
You serve written notice to quit by x date
If he does not then you issue possession proceedings
The court will list the matter and decide whether to grant possession
If the Court does and they are likely to the tenant can be evicted.
ok, do you know what section should I seek possession from the court?
Its not a section. Its a licence.
The Housing Act does not apply
He does not have an AST
You simply say he is there on licence, has not paid rent and therefore want possession
sometimes the Court interpret a Licence to be an AST
But its not though
based on previous experience
If you want to go down AST route then go down and serve a Section 8
But its a licence, not an AST
with a Section 8, he will need to be in arrears of 8 weeks, he is now for 4 weeks with no intention to pay
Yes, for a Section 21 that is notice requiring possession at the end of the fixed period.
And if its an AST he has to be there for 6 months as per the Act
As 6 month is a minimum AST
You can of course serve both if you are going down that route
Serve both if you are going down the AST route, although I don't think you need to
do we have to send him the licence agreement again with the notice to terminate licence or we should issue him with notice to terminate licence?
or should we write to him, telling him that an Oral Contract ensued from the date he accepted the keys
Notice to terminate. He hasn't signed a licence so you can't send it again
There is no licence signed
He has just moved and not paying rent.
You can therefore seek possession on that basis alone
Does this clarify everything?
Hi Alex, sorry I got called up
the licensee has been living at this property with his pregnant wife, when issuing the possession order, should I include his wife on the order? On his last licence agreement with us, his wife was not included, but she was living there.
Yes include all occupiers
ok, thanks, ***** ***** know the first name of the wife, would that be a serious issue? She may not want to give us her full name. But we know the husband's name and DOB, etc
No that will be ok.
You can do it against Husband and persons unknown
Does that clarify?
yes, thank you
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yes, please one more thing before you go,
when the licencee was living at our previous property, there was a time there was not hot water and heating for 2 days. He actually complained to the police, but I sorted it out immediately. The licencee said the food in the freezer wasted and he wanted us to compensate him £300 for the food. Do you think he can bring this out during the Court Possession Hearing?
He could but this is a new property so a new contract and makes no difference to possession of the new property.
ok, thank you
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