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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 1441
Experience:  Solicitor at BLM
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I would like some advice before I decide to get an

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I would like some advice before I decide to get an independent lawyer.Iam currently residing in Italy and I let my property out through a letting agency in north London.Obviusly due to covid 19 the tenant is in 2 months rent arrears but does not apparently want to have contact with the agency only through post.He has not stated or put forward any proposals about his financial status and the agents are not very helpful.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have so far left that up to the letting agency but they keep telling me I can't do anything right now.I was also told by them that he had not signed and sent back his renewal contract since December 2019. Therefore as I understand this becomes a periodic tenancy ?
JA: Where is the property located?
Customer: In Bushill Park Enfield
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Apparently the tenant is claiming now mental health issues

Hello

Welcome to JA.

Yes the tenancy at the moment is periodic tenancy.

Given the tenant has not paid rent for over 2 months, then you can commence eviction process by serving a section notice and the ground for eviction will be rent arrears.

The current law due to the covid-19 states you will have to give 3 months notice before you start court proceedings to the tenant.

Therefore if the notice was served this month then the earliest you can commence eviction is August 2020.

At the moment the court have suspended the eviction application until June 2020. This will not affect your position given the earliest you can start proceedings is August 2020.

With regards ***** ***** court proceedings to evict the tenant, i suggest you instruct a solicitor to do this process because it can become complex especially where the tenant alleges mental health issues.

Do you understand what i have stated, if not please let me know?

However if I have clarified the position please before you leave JA today please rate the assistance provided by clicking on the 5 stars button at the top of your screen as this will help improve the service given in future.

Thanks

Anthony Chendo and other Law Specialists are ready to help you
Customer: replied 13 days ago.
Does that mean I could instruct the letting agency to give written notice now ? His next rent will be due on the 8th of June but he is self employed and nobody knows if he is waiting for the government package to assist the self employed.He has not previously stated to the letting agents his circumstances or even what he has applied for to help his situation.There has been no communication.

Yes you can instruct agency to get the ball rolling on the eviction process given you are outside of the fixed term period and also he owed more than 2 months rent.