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 ReadyLaw Your Own Question
ReadyLaw
ReadyLaw, Lawyer
Category: Law
Satisfied Customers: 3415
Experience:  Bar Professional Training Course
104128041
Type Your Law Question Here...
ReadyLaw is online now

My tenant refuses to leave. The tenancy agreement became

This answer was rated:

My tenant refuses to leave. The tenancy agreement became periodic, monthly rent. The premises needs a rebuild. I terminated the tenancy with more than 30 days' notice. I am about to issue a Sec. 8 (Grounds 1 + 6) eviction notice. I have refused to accept any more rent. Am I still obliged to keep the premises habitable even though our agreement is ended and no rent is being collected? The tenant has complained to the local authority there's no water due to a leak. I turned the water off; is that legal if no rent is being collected and our agreement has ended?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: This is England.
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: Probably not
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Will this be a lawyer very familiar with English landlord-tenancy law?

Hi, welcome to JA, I amCustomerone of the legal experts here.

My goal is to provide you with the best experience possible and answer any questions which you may have about your current situation.

Thanks for your patience and enquiry. Unfortunately you are. Until the tenant is ordered out by the court he/she is still considered a tenant.

They are in law two separate issues. There is the issue of your legal obligation as a landlord to keep the property habitable. And at the same time t your desire to have the tenant out of the property.

As such, the fact of you not collecting rent does not make them in law not your tenant unfortunately

I recommend therefore that you follow the correct procedure in seeking an order of possession from the court as soon as possible.

Can I clarify anything for you? I hope I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

ReadyLaw and other Law Specialists are ready to help you
Customer: replied 5 days ago.
Is the tenant then obliged to continue paying rent until the day he is evicted?

Yes he is obliged to pay rent until the day he is evicted.