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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 9020
Experience:  Solicitor
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I am a private landlord. My tenant died last Oct and I

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I am a private landlord. My tenant died last Oct and I allowed her daughter to stay on as the new tenant. She has paid the rent on time since with no sign of any issues. I have given her a new contract to sign but have had to increase the rent what are my options if she does not sign? A section 21 is not an option as she has in the mean time complained to the council regarding work that needed doing which i was not aware of.
Customer: replied 6 months ago.
I have been waiting several hours despite the estimated response time being 8 minutes. If you require more information please ask.

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

You would need to serve a notice to quit. In effect, it is the same as a S.21, but she is not a tenant.

So you can serve notice and request her to move out.

If she refuses then you would issue proceedings for possession.

You would serve notice, get a Court order.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 6 months ago.
I was lead to believe that because she has paid rent that I had in effect entered into a verbal contract and she had to be treated as if she were the tenant. Is this not the case?

That is why you serve, the same S.21 notice.

You are entitled to do that if you want possession if she does not sign an agreement.

Does that clarify?

Customer: replied 6 months ago.
As i mentioned in the original question I can not serve the S21 within 6 months of her complaining to the local council as they issued an improvement notice. I did this originally and had to withdraw it for that reason.

She does not have AST. She has a short term let.

You are entitled to serve notice. It is not a S.21 notice per se but says the same thing.

She does not have an agreement, therefore she does not have an AST

You can serve notice to quit. Follow the S.21 format but don't call it a S.21

Does that assist?

Customer: replied 6 months ago.
Thank you just to clarify the restrictions for issuing the S21 do not apply to the notice to quit in the situation?

Yes, but it is not a S.21! Just the same format.

Its not a S.21 because she does not have an AST

Does that clarify?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 6 months ago.
Thank you very much that is a weight off my mind. you will receive a 5 star rating.

Pleasure.