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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have two tenants in our property, on periodic agreement

Customer Question

Hi, we have two tenants in our property, on periodic agreement month to month, one is named on the original AST -the council pay the rent under her name directly to me. Long story - Social services involved as children in the house, she removed by police handcuffed on sunday night after pulling a knife on her partner in front of the kids, he wants to stay in the house with the kids and take over the tenancy - council are happy and said he will have to apply for the rent benefit in his name - throughout her being in the house, she has never topped up the rent as she was supposed to do and on that owes approx £1920 - but we have not chased her for this as she has two young children and mental health issues, 9she paid an initial deposit of £750 when she moved in) she is on methodone and drinking heavily, we want to serve her 28 days notice to leave and then issue him a new AST for 6 months in his name only..how can i do this as she is not at the house currrently and i dont have an address for her, i have her mobile number, and need to do this correctly today - please can someone help me to get her out, we dont wish her to stay in the house, social services are of the same opinion due to the risk to the kids - please help
thanks
di
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.You just need to serve notice at the last known residential address, this is the address of the property.So the Court will just want to be satisfied it was served at the last known address.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
hi alex, thats fine but what if she doesnt receive the letter as she isnt there and her partner has been advised to call the police to have her removed if she shows up due to safety of the kids, also what about the deposit and the fact she owes me money etc?
Expert:  Ash replied 1 year ago.
That makes no difference whether she gets it. You serve a notice upon her and the occupants. If they dont move out then you seek a Court order for possession. You then ask the Court to order the deposit is paid to you.What issues are between her and husband should not be a concern of yours, you just need the property backDoes that clarify?Alex
Customer: replied 1 year ago.
so he can stay in the house throughout this notice period with the kids but i can serve her only the notice to leave - then issue him a new tenancy agreement on 6th may which is 28 days from today when her notice will end?
Expert:  Ash replied 1 year ago.
Correct, if that is what you want to do.Does that clarify?Alex
Customer: replied 1 year ago.
i think so - so i'll tell him to stay in the house - give her notice to quite on 5th May (28 days from today) shall i text her the notice also to ensure she gets it? and advise her that the deposit will be retianed due to rent top up not paid to us from her throughout her time at the house?
Expert:  Ash replied 1 year ago.
Yes, you can do this too. Does that clarify? Alex
Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
thats great thanks very much,
Expert:  Ash replied 1 year ago.
Thanks. Alex
Customer: replied 1 year ago.
can you advise what to put in the notice letter?
Expert:  Ash replied 1 year ago.
If you search S.21 notice template free, you can find the format. Or S.8 if the tenant is in breach. Alex
Customer: replied 1 year ago.
is this ok:Section 21(1)(b) notice
Notice Requiring Possession under section 21 of the Housing Act 1988 of a property let on a periodic tenancyProperty : 2 Hill View, Cheriton Bishop, Exeter, EX6 6JLLandlord : Mrs D Bowden of Flood Cottage, Drewsteignton, EX6 6RQTo: ***** ***** of 2 Hill View, Cheriton Bishop, Exeter, EX6 6JL.The Landlord requires possession of the above property on 5th May 2016 thus ending your periodic tenancy agreement by giving you 28 days notice to quit.This notice is given by the Landlord and you are the tenant of the property.Signed : …………………………………………………………………………………
Diane Bowden (Landlord)Dated: …………………………………………………………………………………...
Expert:  Ash replied 1 year ago.
You can find a template online. You either need to give 2 months notice for a S.21 or 2 weeks notice for a S.8 Alex
Customer: replied 1 year ago.
so i should go for S8 due to her never paying the shortfall and use that as reason why
Expert:  Ash replied 1 year ago.
Yes. If she is 2 months in arrears. Alex
Customer: replied 1 year ago.
could she dispute that as she never paid top up - just want to give her 28 days max to quit the house -
Customer: replied 1 year ago.
ko - so i need to give her 2 months notice really - not idea for our end but if thats the law that is what i will have to do
Expert:  Ash replied 1 year ago.
Yes sadly. Alex

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