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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 3974
Experience:  Solicitor
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My question is regarding tenant eviction and how to complete

Resolved Question:

my question is regarding tenant eviction and how to complete section 21 and section correctly
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: I have completed section 21 notice and section 8 notice and wish to confirm thst they have been completed correctly
Submitted: 9 months ago.
Category: Property Law
Expert:  Jamie-Law replied 9 months ago.

Hello my name is ***** ***** I will help you with this.

Could you please explain your situation a little more?

Customer: replied 9 months ago.
My tenant has not paid me rent for the last 2 months because of a delay in getting a repair done in the house (i think or there maybe be another reason shes's not telling me about). I have sent her all two rent reminders so far but with no luck. I have sent her section 8 and section 21 notices. After I sent the notices I have received a letter from the local council to carry out some improvements which she had complained to them about. That work is now in progress. The section 8 is under grouns 8, 10 & 11. The expiry date of section 8 is 19th October 2016. Tenancy started on 01/11/2014. I sent the tenant section 21 (4)(a) on 7th October 2016 and date of expiry of 31st December 2016. Can you please confirm that both notifications have been created correctly and should I now start court proceeding for the section 8?
Expert:  Jamie-Law replied 9 months ago.

Yes I can confirm they are both correct. The Section 8 date is fine and the S,21 is two months from the next billing cycle, which is also correct.

Can I clarify anything for you about this today please?

Customer: replied 9 months ago.
copies of section 8 and section 21 attaached
Expert:  Jamie-Law replied 9 months ago.

Yes they both appear to be fine.

Does that clarify?

Customer: replied 9 months ago.
Is the section 21 start date ok I was told that it should have been start of the month i.e. on 1st October 2016?
Expert:  Jamie-Law replied 9 months ago.

No, that is ok, it does not need to start on 1st month because you are giving a MINIMUM of 2 months notice.

Does that clarify?

Customer: replied 9 months ago.
Before I rate you as excellent, one further question regarding section 8:
The repairs that the tenant originally complained about were about radiator leak which caused the floorboards in the hall to raise. She was already suffering from bad back but has complained that she tripped over the floorboards. If I took proceedings under section 8 could she have a case (although i do have landlord insurance) or shall i wait for expiry of section 21 bearing in mind that I will not have had 4 months of rent
Expert:  Jamie-Law replied 9 months ago.

No, it does not stop you bringing a case as long as you are not bringing the claim because she asked for repairs.

Does that clarify?

Customer: replied 9 months ago.
this completes my questions
Expert:  Jamie-Law replied 9 months ago.

If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

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