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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 11899
Experience:  I have been practising for 30 years.
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I have a flat that we rent and the tenant does not pay the

Customer Question

I have a flat that we rent and the tenant does not pay the full rent nor does he pay on time. this has been explained on many times to him - it is £70 per week (£10 per day) and payable 4 weekly with the dates given to him. He pays £280 on the 5th...except for this month and we feel that we will not see another penny. He moved in on an AST in April without a deposit as we gave him grace to pay this over 2 installments - big mistake as this never happened. The contract is for 6 months and we wish to issue notice for him to quit but unsure if section 21 or section 8 or will a letter outlining our intentions suffice? He has also been anti social in his behaviour by way of the shop underneath the flat complaining, passersby in the street and even th e pub across the road due to his rows with his girlfriend (visits does not live there). We have told him this will not be tolerated previously. He has also damaged some of the furnished items and dumped them in the rear alley. Also there is a stolen shopping trolley in the yard and amounts of rubbish he has collected (he says the trolley is his and not Tesco's). Our gas inspection engineer has attempted to gain entry on 2 occasions to service the boiler and we are soon to be without a valid certificate. What can we do?
Submitted: 6 months ago.
Category: Law
Expert:  F E Smith replied 6 months ago.

Good afternoon. I will try to assist with your question but need more info first - also i apologise if delayed in replying

How long in total has he been there?

what are you owed in total now?

what was the reason he didnt allow the gas inspection?

does he work or benefits?

Customer: replied 6 months ago.
he moved in on 06/04/18.
rent was payable at four weekly intervals and the following schedule of payments and dates was handed to him (in the presence of his mother who said what a good idea it was)
1st payment £280 paid 06.04.18 - paid
2nd payment £280 due 04.05.18 - paid on 05/05/18 (1 day late)
3rd payment £280 due 01.06.18 - paid on 05/06/18 (4 days late)
4th payment £280 due 29.06.18 - paid on 05/07/18 (6 days late)
5th payment £280 due 27.07.18 - not paid
6th payment £280 due 24.08.18 -He could not pay the month in advance rent and a deposit of £280 so we generously allowed him to pay 2 x installments of £140 before the end of April to then place in a deposit scheme. he failed to make any contribution to a deposit.No reason has been given for not allowing the gas inspection but we know that he rang the gas engineer asking who he was after receiving the notification from him and then he called into the shop below with the other notification slip and asked the shop keeper if he knew what it was for. (he tells alot of lies) we also have the carbon copies of the engineers notification stating he needs to contact for boiler inspection by the end of July.He is claiming universal credit but we are presuming that this has ceased. he says that he has a Shelter representative but we are struggling to establish details regarding this and are pending a response from Shelter.In addition to this, I have read that to speed up the eviction notice or to go down an alternative faster route we could state that a family member is moving in - our son is back from university and could this be an option?He has also been notified of the build of rubbish in the yard that he has access to - 10 weeks now.Thank you for your assistance and i look forward to hearing from you soon.
Expert:  F E Smith replied 6 months ago.

Thank you.

You can only give a section 21 notice to quit at the end of the term (6 months in your case?) After the first four months.

It used to be that you could actually give it immediately after the tenancy was entered into which save doing it later on but that facility changed some years ago.

As soon as the 4 months has passed, then you can give a section 21 notice but make sure that you give the full two months including two rental periods which may actually take it over two months otherwise, you risk the notice being deemed to be defective and you are then back to square one.

You can of course give a section 8 notice at any time and you would be relying on grounds 8, , two months rent arrears at the date it’s going to court, grounds 10 arrears but not necessarily two months, ground 11, repeatedly late with rent,

and 12 for any other breach of the tenancy, 13 in respect of neglect or damage or subletting, and 14 if they are a nuisance.

If the tenant is two months in arrears at the date of the court hearing then the court must grant possession to you. All the other grounds are at the court’s discretion so put together as many as you can.

You give section 21 in case section 8 fails for any reason, better do both.

The problem with grounds 8 of the section 8 notice is that they can bring the arrears down to under two months on the day in court and that ground fails.

Remember that even if this succeeds, it will only give you an order for possession, if the tenant still doesn’t leave you are faced with applying to court for a warrant for possession which is a court order for bailiffs to come physically throw the tenant out into the street.

I would ignore everything he says about Shelter or credits or tax or whatever and simply go ahead.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.