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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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we let a property to a couple in wigan set rent of £450

Customer Question

we let a property to a couple in wigan set rent of £450 per month, only the female was named on the tenancy agreement. we also have a guarantor agreement guaranteeing both tenants and named on the agreement. the female has moved out and her boyfriend has moved another girl in to the property. He does not have his own tenancy agreement however we had no formal notice from the female... the house is disgusting and he is running a scaffold business from there we are owed about 3000 pounds in rent arrears.
I want to try and get my money and kick them out. As far as i think the female is still holding the tenancy so i should be able to get a possession order then an eviction order please help Many thanks Tony
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

When did you give the tenancy and when does the fixed period end?

JACUSTOMER-riwqazo4- :

it was a rla 6 month ast issued 17/9/13 that rolls on month on month and it states that they must give us one months written notice

JACUSTOMER-riwqazo4- :

they have also moved a dog in without permission so technically they are in breach of contract, i don't know if this has any bearing

Alex Watts :

Ok. In that case you can serve a Section 8 and Section 21 notice to end the tenancy.

Alex Watts :

They are not in a fixed period you can ask property back, but you need to, by law give 2 months notice,

Alex Watts :

There are plenty of templates online which set out what needs to be included.

Alex Watts :

Once this has been served then they need to move.

Alex Watts :

If they do not then you can apply .

Alex Watts :

This can be done online:

JACUSTOMER-riwqazo4- :

ok got that, thats standard procedure can i then chase the guarantor still debt?

Alex Watts :

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

Alex Watts :

Once you get a possession order you can ask on the arrears.

Alex Watts :

You can then go after the guarantor arrears on Judgment

Alex Watts :

Can I clarify anything about this today please?

JACUSTOMER-riwqazo4- :

we have 40 proerties and have evicted many times the issue is that the named tenant no longer lives there and her boyfriend isn't listed as an ocupant

Alex Watts :

Ok, then you need to issue proceedings in the name of the person staying there or persons unknown

Alex Watts :

But you still need to serve a notice to quit.

Alex Watts :

1)

Alex Watts :

Serve notice to quit

Alex Watts :

2)

Alex Watts :

Issue possession proceedings

Alex Watts :

3)

Alex Watts :

Evict

Alex Watts :

4)

Alex Watts :

Get Judgment against the guarnator

Alex Watts :

Does that help?

JACUSTOMER-riwqazo4- :

so without a tenancy agreement in his name I can still go possession order?

JACUSTOMER-riwqazo4- :

is that correct?

Alex Watts :

Yes you are correct

JACUSTOMER-riwqazo4- :

thank you

Alex Watts :

Can I clarify anything else ?