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SolicitorRM
SolicitorRM, Solicitor
Category: Bankruptcy Law
Satisfied Customers: 5223
Experience:  Director and Principal Solicitor. UK
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If i have an AST tenancy for six months, and i do not pay

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If i have an AST tenancy for six months, and i do not pay the rent anymore, if the tenancy says that i would have to pay the costs of any claims related to not paying my rent, how much those costs could be? And how soon the landlord would be able to get a judgement to recover the money from me? Or maybe freeze my bank accounts or seize some property

Good morning, welcome to just answer. I am a solicitor and reviewing your question now for you.

There is no fixed sum across all ASTs your contract will normally say and this would include the landlord's reasonable costs eg where they are using an agent their obligation to pay agent fees continues so they will want to recover that from you; the reasonable costs of sorting new tenancy; the costs of cleaning the place if you leave without cleaning it.

The landlord would need to serve you with the section 21 notice and on expiry and you do not leave voluntarily they will have to take possession proceedings. Court hearings have been taking long during covid but with increase in remote hearings back logs are being cleared. Time to securing judgment from filing the possession proceedings can be anything between 8 and weeks and rough estimate 16 weeks.

Any clarification do not hesitate to send your follow up question, always glad to help. All the best.

Customer: replied 10 days ago.
What is section 21 notice? What do you mean by agent fees?

Hi I note that you have an Assured Shorthold Tenancy Agreement from your initial question. Even though it will specify the end of the term as a fixed term, the landlord must give a section 21 notice to terminate it and in your case if it's going to be 6 months rent arrears then he can also serve you with the Section 8 notice to vacate the property. These notices are legal notices to ask a tenant to leave by a specific date failing which court action (possession proceedings) commence.

IF you landlord is useing an agent, they pay the agent fees to manage you and the tenancu and if you are not paying rent and if you are kicked out the agent would lose money and therefore would still insist on the landlord honouring their contract.

Customer: replied 10 days ago.
The fixed term is 6 month for this tenancy, with monthly pay
Customer: replied 10 days ago.
How much notice the landlord would have to provide?
Customer: replied 10 days ago.
It converts to rolling monthly tenacy after six months

You would be able to give whatever notice is provided in the tenancy - usually month if you are paying rent on a monthly basis. However under the current covid regulations the landlord's notice if section 21 would have to be 6 months ( to be reviewed when the current guidance lapse on 31 May 2021). Your landlord will most likely serve you with the section 8 notice as this allows much shorter notice if you have rent arrears for such prolonged periods and this can be as short as 2 weeks notice.

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