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I am happy to help with your enquiry this evening. Have you got any of the above in writing or have you got a copy of the original lease?
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Hi did you manage to get the copies?
You should put everything in writing to the tenant. Then send a letter to the guarantor if you have one.
If after 21 days you still haven’t received any rent from your tenant, you should send a third letter.
This should be the final step before considering further action to reclaim your property.
Use this letter to confirm your intention to take legal action if the rent isn’t paid.
If you have previously sent a letter to a guarantor, you should now send another letter to inform the guarantor that you still haven’t received any rent.
If your tenant has gone a month without paying rent, and another month is now due, you can consider your tenant to be two months in arrears.
At this point you have the right, under the Housing Act 1988, to take action to claim possession of your property.
Serving a Section 8 notice informs your tenant that you intend to take them to court if they don't pay within a further 14 days.
This must be done in the prescribed form of a Section 8 notice in order to be valid, so make sure you follow the eviction process closely.
To give your tenants notice using a Section 8, you must:
fill in a ‘Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy’
specify on the notice which terms of the tenancy they’ve broken
give the tenants between 2 weeks’ and 2 months’ notice to move out, depending on which terms they’ve broken
Apply to the court for a possession order if your tenants do not leave by the specified date.
If your tenant doesn’t respond to your demands for rent, you are entitled to take legal action to seek possession of your property.
You may also ask the court to make a judgement against your tenant for the arrears of rent and reasonable costs incurred.
The judge will dismiss your case if there is no reason for the tenant to be evicted or if you haven’t followed the right process.
The court can order the tenant to do one of the following:
Leave the property before a specified date stated in the order
Allow the tenants to stay as long as they pay or obey the conditions of the order
Pay you a specified amount
Leave the property and pay a specified amount to cover rent arrears, court fees and legal costs
Possession orders with a money judgment: A judge can add a money judgement to cover rent arrears, court fees and legal costs.
If you do get a money judgement against the tenant, you will have six years in which to enforce it.
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