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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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HiI would like to start the process a

Customer Question

HiI would like to start the process for evicting a tennant. He should leave on the 17th Februrary, but isn't going to. A section 21 has been served correctly . I need help in completing the forms
Many thanks
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
I can review the forms and discuss these over the phone for you?
Alex
Customer: replied 1 year ago.
first I need to know which forms. I'm happy to have a call, but need to know which forms, where to get them etc and then can review together
Expert:  Ash replied 1 year ago.
N5 and N119
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n119-eng.pdf
Alex
Customer: replied 1 year ago.
Thanks. Once I get the forms, can you send the offer of a call again please, How long is the call ?
Expert:  Ash replied 1 year ago.
Yes of course. The call would be until we go through the forms or 30 mins. It shouldnt take too long.
Alex
Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
ok; shall we say at 3 pm
Expert:  Ash replied 1 year ago.
Yes. You may need just to jump on here and remind me, as I am just on the train.
Alex
Customer: replied 1 year ago.
what number do I call?
Expert:  Ash replied 1 year ago.
I will call you - just give me your number in the private info below.
Alex
Customer: replied 1 year ago.
now is a good time
Expert:  Ash replied 1 year ago.
Ok
Alex
Customer: replied 1 year ago.
one last question. If the section 21 is issued, is the current contract still valid ?the tenant has said this :"In regards ***** ***** the property on 17th of February 2016:
As you continuing to be in breach of law, Section 21 Notice which you have served is considered Not Valid and you cannot vacate us according to that.
In terms of increasing the rent:
You are not in title to increase the rent as you agreed in the Tenancy Agreement(Schedule 5 , special Clauses) paragraph 1.6, Additional clause added on 15/02/2015
"The landlord agree not to increase the rent above 400.00 per week for maximum of 2 years from the 16th February 2015(I.e until 16th February 2017) or until the Tenants vacate, which occurs first"
Expert:  Ash replied 1 year ago.
Yes the contract is still valid. The contract is a rolling monthly contract.
Does that help?
Alex
Customer: replied 1 year ago.
yes, but the section 21 is valid also , even if the deposit was registered late and the tennant has filed for compensation ?
Expert:  Ash replied 1 year ago.
As long as the section 21 was issued AFTER the deposit was protected then yes it's valid.
Alex
Customer: replied 1 year ago.
ok, thanks.
under an periodic tenancy agreement, why is it not possible to increase the rent? are there any circumstances in which the rent can be increased ?
Customer: replied 1 year ago.
my solicitor wrote a ltter to the tennant stating after the tenancy agreement expires, I would request a rent increase
Expert:  Ash replied 1 year ago.
You can only increase rent by sending a S.13 notice. The notice must set out a right to appeal.
Alex
Customer: replied 1 year ago.
Hi
How can i send a S13?
Thanks
Expert:  Ash replied 1 year ago.
You should just be able to put it in the post.
You can find a S,.13 online.
Alex
Customer: replied 1 year ago.
Ok separate question. If deposit is registered late, is it automatic compensation even if i tried to protect the deposit on time?
Expert:  Ash replied 1 year ago.
Well it's still down to the judge.
Alex
Customer: replied 1 year ago.
In the S13, it suggests at least 6 months notice is required for an increase in rent. But this I suspect is when an AST is ongoing. My AST is due for expiry , so is a 6 month notice still required - in other words if a S13 is issued, is it valid ? After February 17th I have served a notice t quit (S21) - which means, I am no longer going to carry out repairs etc since as far as I am concerned the tennant should not be there.
Expert:  Ash replied 1 year ago.
Really you are asking the question related to your other thread, so I can answer there.
Alex

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