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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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This regards ***** ***** Our STA (6 months) says that the

Resolved Question:

This regards ***** ***** Our STA (6 months) says that the tenant has to pay 6 months rent upfront £24000). However the tenant paid only£4000) after 30 days with many excuses, causing us great financial duress, and has paid in essence monthly. Now he has been in the flat for 3 months and paid 4 months of rent.n We believe the intention is to use his deposit as rent and avoid paying any cleaning expenses. We now need to terminate the contract early and get rid of the tenant and we have served him notice. However he states that as we have accepted the rental payments under protest (although he has not paid interest as stipulated in the contract) we have in fact agreed to a variance of the contract. What do we do to get the final rent payments and get this guy out once and for all?
Enforcement procedures in the lease are standard:
4.3 If there be a breach of any of this Agreement by the Tenant the Landlord may serve Notice in accordance with Section 8 of the Housing Act 1988 (as amended).
4.4 If the Rent or any part shall be in arrears for at least 21 days after it shall have become due (whether legally
demanded or not) or if there shall be a breach of any of this Agreement by the Tenant the Landlord may reenter
the Property (subject to the Landlord obtaining a Court Order for Possession) and immediately thereon
the Tenancy shall terminate without prejudice.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
I assume this is an Assured Shorthold Tenancy?
Was it a term of the contract, ie written he would pay £24,000 in advance?
Customer: replied 2 years ago.

yes to both questions, Alex

Expert:  Ash replied 2 years ago.
Ok in that case you can serve a Section 8 as there has been a breach of the agreement.
Once the notice has been served and if not rectified you can apply to the Court for an Order of possession. But for the avoidance of doubt I would also serve a Section 21 now as well.
Can I clarify anything for you about this today please?
Alex
Ash and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

The tenant states that since we accepted the rent we have in fact agreed that the rent is not to be paid up front, do you disagree with this?

and what is a section 8? How long will it take to get the tenant out - and what if he does not pay rent owed for the duration? what about damage which we cannot deduct from the deposit as the deposit has to be used for rent? - thanks

Expert:  Ash replied 2 years ago.
I disagree, unless you accepted it was a change then its no.
Section 8 is a notice saying the tenancy has been breached. You can find this online. You can get Judgment on possession for any damage etc.
Alex
Expert:  Ash replied 2 years ago.
Hi
I am just following up to see if there is anything else I can help with?
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex

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