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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I cannot get hold of my tenant. 6 weeks ago I gave her notice

Customer Question

I cannot get hold of my tenant. 6 weeks ago I gave her notice to vacate my property by the end of this month (in line with the 6 month break clause in her contract), but over the past 4 weeks since, I have not been able to get a response from her by email, text, phone or in-person at the property.
She is a private tenant and I have an AST in place.
I need her to vacate the property at the end of this month because some urgent plumbing work needs to take place which will render the property uninhabitable. There is currently a leak from my property into the flat below and I have explained to my tenant that the work required to fix this, means removing the floors in the kitchen and bathroom and therefore I need to give her notice to vacate.
As I can't get hold of her and have no idea if she will vacate, I need to understand my legal position when it comes to her tenancy.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
How long has she been there please?
Customer: replied 2 years ago.
She moved in on 30 jan 2015, so has been there just under 6 months. She paid me 6-months rent upfront. I have asked her to move out at the 6 month break i.e. 30 July.
Expert:  Ash replied 2 years ago.
Ok. You need to wait until July 30. You also need to make sure you have served a section 21 notice and that the deposit is protected in a scheme. If not then any notice you have served is invalid.
Assuming you have done that then you need to issue proceedings for possession. You can't just take the property back. You need to complete form n5
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf
The court will list the matter for hearing and decide whether to give possession. If the court does and the tenant refuses to leave then you can send in the bailiffs.
But you can't evict without bailiffs or a court order, otherwise you could be sued
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
Thanks.

What do I do about serving her any notices when I can't get hold of her?

How long am I likely to have her in there without the Order for her to move out?
Expert:  Ash replied 2 years ago.
You just need to post first class or through letterbox.
You are likely to get an order yes.
Alex
Customer: replied 2 years ago.
I have not got the deposit in a protected scheme. I tried to do it just now but its too late. Can you advise my position given this over sight?
Expert:  Ash replied 2 years ago.
No action you can to evict can be enforced without protecting the deposit. You must protect and then start the whole process again.
I am sorry.
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