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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice.
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I am Alex. I have a tenant who hasn't paid the rent for

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Hi I am Alex. I have a tenant who hasn't paid the rent for nearly 3 months and I wanted to evict them. The agreement was initially made in April 12 and it hasn't been renewed but they were paying rent up to this April 15. However, they have not stopped paying. I served a 30 days notice but i think it is not valid. Can you help me
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.
The contract I signed with the tenants has my signature and the tenants signature but It has no witness signature and also it was signed in April 2012 but never renewed. The tenants continue to pay until April 2015. The initial contract was for £815 rent per month and it doesn't say about the deposit. However they paid a deposit as well at that time. I increased the rent subsequently and in April they paid me a monthly rent of £945 but the deposit held was only £815. They haven't paid me since April 15. The payment covered up to 21st May and the deposit, if I deduct will cover up to 21 June 2015 ( even though it is less)!. They stopped paying the rent and I gave them a 30 day notice on the 12th Aug which expired on the 12 th Sept 2015. I also like to mentioned that the rent covers all utilities as the Amex has no separate meters but it has a separate entrance and also you can access the annex through the internal door from the main house in which I live. I asked them to leave and they refused so I turned off the supply to the annex. The police got involved and I had to turn them back on now. They now owe me the rent for nearly three months ( from 21 June to 21 Sept ) no deposit left.
What should I do now? Do I need to serve notice again and if so how do I do it? They can say they never received it!
How do I collect my money that is due?
The couple is expecting their first baby and there is no room for the three. Would that make any impact on getting my annex back?
If you want to have the signed of the contract and the notice that I served, can I scan and send it to you ?
I have medical condition that tension like this will cause mood swings and Claire up the illness. I take regular medication and it is already causing me problem. Could you please help me by providing me a solution for me situation! I will be ever so great full to you
Thank you
Alex K
Are you in the middle of an AST ?
Customer: replied 2 years ago.
Yes, the last signed one was in April 2012 for 12 months and it never got renewed however the tenants were paying me the rent up until April 15. I would assume that because there is no new contract it is a monthly rolling contract ? Is that correct?
Thank you.
You are on a periodic tenancy agreement and they can be terminated at any time but you need to give notice properly. The notice that you have served is invalid.
You need to serve a section twenty-one notice giving no less than two months notice on or before the rent date. You may as well serve a section eight notice as well citing grounds eight, ten and eleven as there are arrears.
If they do not go at the end of the notice period then you will need to seek a possession order from the court but they should be no difficulty with that as this is now a periodic agreement.
Can I clarify anything for you?
Customer: replied 2 years ago.
How do I serve the notice. They can say that they never got it. Or refuse to open the door. How can I make sure that they have received it and they are aware of it.
If I send it by recorded post, it will come to me. So how do I do it? Do I need to take a witness if so can that be anyone?
Thank you for your help
You can put it in conventional post or hand deliver or send it recorded delivery.
They could deny receipt but then you would have evidence it was sent which is all you really need.
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