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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71031
Experience:  Over 5 years in practice.
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My tenant has advised me he is unable to pay the rent. He

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My tenant has advised me he is unable to pay the rent. He is therefore 2 months in arrears. He has been advised by the council not to make himself homeless and has said he intends to stay for six months? He has signed a shorthold tennancy agreement. what do I do now?
Thank your for your question. I will try to help with this.

When should the contract end?
Customer: replied 5 years ago.



1 year will be served on 14/4/2013

Have you already served a S21 notice?
Customer: replied 5 years ago.



I have about one of these but I have also heard about a section 8 notice. Which one should I use?

You need to serve a S21 notice now either way.

You also need to serve a S8 notice citing grounds 8, 10 and 11.

Ground 8 covers being two months in arrears. That is a mandatory ground. If you get to court and he is still two months in arrears then the court must make a possession order.

However, some tenants do attend court and reduce the sum of the arrears under two months and then your application will fall away. Sometimes they even do that by delivering a cheque which subsequently bounces.

That is unlikely here as his purpose is not to remain but to get rehouses but to deal with that risk you need to cite grounds 10 and 11 as well as they cover persistent late payments and any rent arrears. They are not mandatory grounds but its better than nothing.

you can talk to Sue at ABC Properties on 0151(NNN) NNN-NNNNwho will probably deal with the whole eviction for you for a nominal sum.

Hope this helps.
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 5 years ago.



Can the tenancy agreement finish on 14/4/2013? thereby he has to move out?

Not without a possession order if he refuses to go.

In any event, I presume you want him to go before then if he is not paying rent.

Customer: replied 5 years ago.



I went to serve the section 8 & 21 and have discovered that my tenant has changed the locks! The tenancy agreement in place does not allow this.

No, you can just change them again and deduct the cost from his deposit. He cant change the locks without your agreement.

Its probably a good idea to ask him for a key and warn him of your intentions if he does not though.
Customer: replied 5 years ago.

He has had his deposit back to pay for a previous months rent.

Then you would have to sue if you are of the view that its worth doing.

The truth is that a deposit should never be returned until the house is inspected I'm afraid.