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Matt Jones
Matt Jones, Solicitor
Category: Property Law
Satisfied Customers: 671
Experience:  I am a qualified and practicing Solicitor with over 7 years post qualification experience
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I am the Landlord and we have an AST. The tenant has not paid

Customer Question

I am the Landlord and we have an AST. The tenant has not paid rent for several months and has not replied to messages, emails etc. Yesterday there was a leak in the building which was coming from the flat into 2 flats below. The tenants did not respond to my messages about this. Therefore the company that manages the building had to force entry and turn off the water supply in the flat. The soil pipe had broken and was causing the leak. the building management company said that the flat was in a terrible state of disrepair and the tenants were there. Are we legally obliged to fix the problem or can we hope that they vacate on this basis as no rent is being paid?
Submitted: 2 years ago.
Category: Property Law
Expert:  Matt Jones replied 2 years ago.
Matt Jones :

HI I will try and help

Matt Jones :

Did the the tenants notify you of the leak?

JACUSTOMER-gazj9khd- :

No, the tenants of the flats below notified the company that manages the building and they in turn notified me

Matt Jones :

Ok thanks

Matt Jones :

Under s11 the landlord and tenant act 1985 you are obliged to repair and maintain the flat, sanitary items etc. Just because the rent isn't being paid doesn't detract from this obligation.

Matt Jones :

However if the rent isn't being paid and the property is in a state of disrepair you probably need to start eviction procedures

Matt Jones :

This can be undertaken by serving a section 21 notice giving them 2 months to leave, or by serving a section 8 notice where they would have to pay the rent within 2 weeks or you can bring action. have you served such notices on tenants in the past?

Expert:  Matt Jones replied 2 years ago.
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Expert:  Matt Jones replied 2 years ago.
HI there,
We are now in Q&A mode
please come back to me on my question above, and also ask any follow up questions if you wish.