Yes it is.
Yes I had a one year tenancy agreement in place which expired on 5th October.
I gave my tenant 30 days notice towards end of September 2014 this year in writing to remind him of contract renewal coming up.
The same letter also had a mention of rental increase.
My tenant verbally and then on text refused to accept the increase in rent and told me he will move out and not sign another new contract.
But will still pay me rent for the two months by which he will move out.
However I have maintained throughout that he has to both signa contract and pay me rent.
He has ignored me and now the rent is two months over due and there is still no contract in place?
I just want him to pay the rent arrears and vacate the property?
What are my options?
Many thanks for your detailed response.
How do I serve S21 notice - is there a free online form?
Also if the deposit is not in some kind of scheme can I still serve him this S21 notice or do I need to put the deposit in some 'deposit scheme first?'
Also how do I access small claims court for rent recovery?
Can the deposit scheme issue have an impact on the rent recovery?
How long does this rent recovery uasually takes?
Where can i get this information free online?
Thanks. I understand.
So I need to first refund his deposit in full and then serve S21?
Do i need to give some time between retuirning deposit and serving S21?
Just to let you know the tenant told me to categorically use the deposit as Octobers rent but i did tell him deposit is not rent and I will not do so. So he still now owes me two months rent.
However by his actions so far I can tell you, he does not have much regard for law and if I give him back his deposit -
He will think I am really stupid by paying him money back that he actually owes me?
You see my point - I feel a bit trapped.
What shall I do?
So provided I return him deposit in full and then serve him S21.
Can I still start proceedings against him for recovery of rent he owes me?
When do I do that?
Sorry I don't understand?
Are you telling me that :
1. I should return his deposit
2. I should serve S21 and get him evicted
3. And then not pursue the rent he owes me?
I mean what is he going to counter claim for?
He has been living in my house actively for all this time and still in there?
I am really confused what will he counter claim for?
Hes the one in the wromg by not paying me the rent?
I am happy to return the deposit to get him out however I still want rent that he owes me?
Can you please give me some legal reference as to what can he actually sue me for?
I am not sure