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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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eviction of a tenant with young children but never paid the

Resolved Question:

eviction of a tenant with young children but never paid the rent
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Have you issued a Section 8 notice or proceedings please?

Customer:

Hi alex

Customer:

Nope section 8 hasn't been issued as this is only letters responded to her own letter saying that she is willing to vacate the premises by the end of this month September 2014

Alex Watts :

Ok - when did the tenancy start and how many months is she in arrears?

Customer:

The tenancy start since 2006 and she has been a late payer and she is in arrears of one month and still owed me some £200.00 from the previous month rent. 21st September until end of September that is another 10 days that she owes me still.

Alex Watts :

Ok - so is late month after month?

Customer:

yes

Alex Watts :

Ok - you can do 2 things, but you must do this.

Customer:

ok

Alex Watts :

You can serve a Section 21 notice saying the tenancy has come to an end and you want possession

Alex Watts :

A template is:

Alex Watts :

https://www.rentify.com/section-21-notice?utm_source=google&utm_medium=cpc&utm_term=%2Bsection%20%2B21%20%2Bnotice&utm_campaign=PPC_Google_UK_Tools_Section%2021_Section%2021_%2Bsection%20%2B21%20%2Bnotice_b&gclid=CjwKEAjwwJmhBRC56KOelNOXhxUSJAB_w2uNpT8YWFbsnXuqydB_raDhwEhzji3BCYiueJUvVyqCHhoCuDTw_wcB

Customer:

yes

Alex Watts :

Or http://www.nationalpropertygroup.co.uk/SECTION21CALCULATOR.asp

Customer:

where do I get the section 21 notice?

Alex Watts :

The links above

Alex Watts :

Or google search Section 21 notice

Customer:

I can't retrieve them :(

Alex Watts :

You also need to serve a Section 8 notice - for breach of tenancy

Alex Watts :

This is at:

Alex Watts :

https://www.makeurmove.co.uk/page/Free-Section-8-Notice

Alex Watts :

And

Alex Watts :

http://www.lawdepot.co.uk/contracts/eviction-notice-forms/?loc=GB&pid=googleppc-notukr_gb-section8t2_b2-s-ggkey_section%208%20notice%20template&&s_kwcid=section%208%20notice%20template|54060641593&gclid=CjwKEAjwwJmhBRC56KOelNOXhxUSJAB_w2uNuL3qRhDfZiHsIzUfDIKMSrmx9agngEr2hwxK4gxwPxoCq4Dw_wcB

Alex Watts :

Once these have been served then you can issue proceedings for possession

Alex Watts :

You can do this online at:

Alex Watts :

https://www.possessionclaim.gov.uk/

Alex Watts :

Or you can complete form N5b

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005b-eng.pdf

Alex Watts :

And issue proceedings.

Customer:

ok

Alex Watts :

The court will list the matter for hearing and decide whether to grant possession

Alex Watts :

If the Court does and they refuse to leave then you can get bailiffs to evict

Customer:

ok#

Alex Watts :

Can I clarify anything for you about this?

Customer:

I am writing a letter to ask her to leave no later than 1st October 2014 by changing the lock. Have I got the right to this?

Alex Watts :

No.

Alex Watts :

You MUST have a Court order

Alex Watts :

And if you are going to give notice to leave you MUST give at least 2 months notice

Customer:

that has been given to her since May this year 2014

Alex Watts :

But you havent served a Section 21 or Section 8 notice

Alex Watts :

The law requires you to do this

Alex Watts :

You can't take steps to evict without these notices

Alex Watts :

And you cant evict without a Court order

Customer:

So it was 4 months ago and now she is playing up and the husband is going to cut the electricity and the gas so basically she is going to live there without electricity and gas

Alex Watts :

You must serve these notices and then issue proceedings.

Customer:

but she's living there without any contract since August this year.

Alex Watts :

If you have not then the law will not allow you to evict

Alex Watts :

That makes no difference

Alex Watts :

You should have issued the notices earlier instead of just writing

Alex Watts :

These are legal procedural steps you MUST take

Customer:

ok

Alex Watts :

Can I clarify anything else?

Customer:

would you advice me of what I should do now? when her ex husband cut the electricity and gas?

Alex Watts :

I advise you to:

Alex Watts :

1) Serve a Section 8 and Section 21 notice

Alex Watts :

2) If she does not quit issue proceedings for possession

Alex Watts :

3) Once you have an order for possession she has to leave

Alex Watts :

4) If she does not you can get her evicted with bailiffs

Customer:

Ok will do that and will try to retrieve links you've sent

Alex Watts :

Ok - once you rate the format changes so the links will be easier to see

Customer:

Thank you for your help

Alex Watts :

Can I help with anything else today?

Customer:

That's fine thank you

Alex Watts :

Great. If I could invite you to rate my answer before you go - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer:

Ok let me try to find the button for rating

Alex Watts :

Thank you

Alex Watts :

Should be some happy faces

Customer:

hehhehee will give that happy faces if only I have those emots on this computer :(

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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