How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Property Law Question Here...
Ash is online now

Alex I rent out a house by rooms It does not need a HMO as it was rented before the l

Customer Question

hi Alex
I rent out a house by rooms
It does not need a HMO as it was rented before the law came in. this has been confirmed by my council.
The tenant moved in 6 weeks ago. paid one weeks rent 2 weeks deposit which we didn't secure and he hasn't paid since.
we didn't do an agreement just a weekly rent book.
We understand we have to give back to him the 2 weeks deposit which we will get him to sign for but how is it before we can serv a section 21 on him please.
Thank you
Christine Landlady
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello and thanks for asking for me.
Just so I am clear why do you need to serve a section 21?
Customer: replied 1 year ago.

Hi Alex because he has been fighting in house and upset other tenants and not paid rent.

Expert:  Ash replied 1 year ago.
Ok, what was the minimum term, is he in that?
Customer: replied 1 year ago.

Usually do assured tenancy for six months but can't find his copy so might not of got him to sign one

Expert:  Ash replied 1 year ago.
You can serve a section 21 either by post or by hand. It does not matter how - by post is fine but service is classed as 2 working days after first class posting. It makes no difference whether he has signed anything or not, it is still valid.
Can I clarify anything for you about this today please?
Alex
Expert:  Ash replied 1 year ago.
Hi
I am just following up to see if there is anything else I can help with?
If you have not done so already 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
Customer: replied 1 year ago.

Please can you clarify.

If I cannot find his agreement can I still serve a section 21 on him?

and how would the judge know how long he has been there. Is it the tenants word against mine.

Thank you

Christine

Expert:  Ash replied 1 year ago.
If it would be the equivalent of a HMO then you need a section 21. It makes no difference whether you have the agreement or not a section 21 is still needed.
As long as he has been there over 6 months that is all you need.
Does that help?
Alex
Expert:  Ash replied 1 year ago.
Hi
I am just following up to see if there is anything else I can help with?
If you have not done so already 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
Customer: replied 1 year ago.

Ok thank you

Alex can you answer me:

1) If I serve section 21 on tenant and date it saturday 12th September and post it 1st class that day WHAT DATE WOULD I NEED POSSESSION OF MY PROPERTY .

(Does the date of possession allow for posting time?)

I want to get this right so I can take them to court if necessary.

Dont want it to be thrown out of court for incorrect date

2) The tenant has NOW CONVENIENTLY lost his rent book. So I do not have date he moved in. Can I presume he has been there six months

3) If I have to go to court for possession , How will the judge know when he moved in if we dont have any agreement and the tenant does not attend the court hearing.?

Thank you

Christine

Expert:  Ash replied 1 year ago.
It would be 2 working days after posting first class. Yes you can presume he has been there 6 months. You can show income for the period hopefully.
Does that help?
Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    414
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1823
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    241
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions