How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask LegalNinja Your Own Question
LegalNinja
LegalNinja, Solicitor
Category: Law
Satisfied Customers: 273
Experience:  Solicitor
103518254
Type Your Law Question Here...
LegalNinja is online now

As a landlord I have tenant who has for twelve months failed

This answer was rated:

As a landlord I have tenant who has for twelve months failed to pay her rent on time on several occasions. There has also been an issue where Liverpool Council wrote to me as the landlord amid complaints of anti social behaviour, and letting rubbish pile up outside and risking attracting rodents.
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: I have written to her and given her two months notice, however, the council are saying I have to hand her a section 8 or section 21 The issue is I have let her contract lapse
JA: Has she talked to a lawyer about this?
Customer: I issued a two month notice period in the form of a letter
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No the council who look after homeless people

Hello,

 

 

I will be helping you today.

Just to clarify, you gave notice to the tenant by a letter?

Customer: replied 7 days ago.
Yes by a letter with two months notice period

Unfortunately, notice by letter is not the correct way of terminating a tenancy. The correct form of notice is either with a Section 8 or Section 21 Notice.

Please see below some helpful information explaining this:

 

 

https://www.gov.uk/evicting-tenants/section-21-and-section-8-notices

Does that clarify?

Customer: replied 7 days ago.
Why is it asking for court dates when I try to complete a section 8
And will the tenants contract lapsing have any impact on anything?

No, this is the date which you can then apply to Court following the notice period for possession should the tenant fail to vacate.

 

 

 

No, the fact that the fixed term has come to an end has no real significance as the tenancy will just roll on to a periodic tenancy.

Is there anything else I can clarify?

Customer: replied 7 days ago.
So I can go ahead and complete the section 8 hand it to them and take it from there?

Yes, you certainly can.

Will that be all today? :)

Customer: replied 7 days ago.
How do I cancel this subscription?

You contact Just Answer directly but have I helped you today?

Customer: replied 7 days ago.
Yes you have thank you

It's a pleasure.

 

 

I would be grateful for a 5 star rating at the top of your screen for my time. It is important to leave a rating as is how Experts are are credited for their time. All the best. -LN
LegalNinja and other Law Specialists are ready to help you