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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 1155
Experience:  LLB (Hons)
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I am a school business manager and I need to evict a tenant

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I am a school business manager and I need to evict a tenant from the school bungalow, no tenancy agreement in place (last one expired 2014), rent in arrears, how do I proceed please
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I've done nothing as I was only asked yesterday to start the process
JA: Where is the bungalow located?
Customer: it is just outside the school boundary
JA: Anything else you want the Lawyer to know before I connect you?
Customer: not that I can think of

Hi, I'm Lea and I have reviewed your query.

 

Is the tenant an employee? What type of contract did they have if it was not written? How long have they been there? How much are the arrears? Are they more than two months in arrears?

 

Please bear in mind this is an email service and not a live chat so responses may not be instantaneous. I am not available for calls, but in all cases it is very likely you can be helped online.

Customer: replied 13 days ago.
Hi Lea, the tenant is a family member of one of our employees. There is no contract in place since the Headteacher and Business Manager left in 2018, we have inherited the situation, the rent is £550 per month and currently owe £450 arrears. They have been tenants since 1.6.2013

Under what terms did they move in?

 

Have they given a reason for the arrears?

Customer: replied 13 days ago.
needed somewhere to live, school didn't use the bungalow so offered with a rental amount

But not via a written contract?

Customer: replied 13 days ago.
I have a written contract (downloaded from internet)

I meant from 2013 when they moved in?

Customer: replied 13 days ago.
I've no information except a copy of a Assured shorthold tenancy agreement signed and dated by tenant and previous headteacher for a tenance 1/6/13 to 1/6/14

Ahh, so there was a tenancy agreement in the beginning, which means the tenancy is now a statutory periodic tenancy if it has not been renewed since then.

 

There are certain things a landlord has to comply with before being able to evict a tenant legally, so you will need to ensure that you have complied with the law before issuing a notice. E.g. gas safety certificates, protection of deposit, etc.

 

You can either serve a s21 notice (Form6A) or a s8 notice, however as the arrears are less than one month, a s8 (ground 8) notice is not going to be valid, but grounds 10 and 11 would - though these are discretionary grounds, rather than mandatory like a ground 8, which means a judge doesn't have to give possession if he or she feels it's not warranted. A s21 notice is going to be the most effective as it is mandatory if served appropriately and all conditions have been met by the landlord.

 

Does that assist?

Customer: replied 13 days ago.
yes thats great

You're welcome.

 

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