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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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HiI would like to start the process a

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HiI would like to start the process for evicting a tennant. He should leave on the 17th Februrary, but isn't going to. A section 21 has been served correctly . I need help in completing the forms
Many thanks
Ash
Hello my name is ***** ***** I will help you.
I can review the forms and discuss these over the phone for you?
Alex
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Customer: replied 2 years ago.
first I need to know which forms. I'm happy to have a call, but need to know which forms, where to get them etc and then can review together
N5 and N119
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n119-eng.pdf
Alex
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Customer: replied 2 years ago.
Thanks. Once I get the forms, can you send the offer of a call again please, How long is the call ?
Yes of course. The call would be until we go through the forms or 30 mins. It shouldnt take too long.
Alex
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Customer: replied 2 years ago.
ok; shall we say at 3 pm
Yes. You may need just to jump on here and remind me, as I am just on the train.
Alex
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Customer: replied 2 years ago.
what number do I call?
I will call you - just give me your number in the private info below.
Alex
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Customer: replied 2 years ago.
now is a good time
Ok
Alex
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Customer: replied 2 years ago.
one last question. If the section 21 is issued, is the current contract still valid ?the tenant has said this :"In regards ***** ***** the property on 17th of February 2016:
As you continuing to be in breach of law, Section 21 Notice which you have served is considered Not Valid and you cannot vacate us according to that.
In terms of increasing the rent:
You are not in title to increase the rent as you agreed in the Tenancy Agreement(Schedule 5 , special Clauses) paragraph 1.6, Additional clause added on 15/02/2015
"The landlord agree not to increase the rent above 400.00 per week for maximum of 2 years from the 16th February 2015(I.e until 16th February 2017) or until the Tenants vacate, which occurs first"
Yes the contract is still valid. The contract is a rolling monthly contract.
Does that help?
Alex
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Customer: replied 2 years ago.
yes, but the section 21 is valid also , even if the deposit was registered late and the tennant has filed for compensation ?
As long as the section 21 was issued AFTER the deposit was protected then yes it's valid.
Alex
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Customer: replied 2 years ago.
ok, thanks.
under an periodic tenancy agreement, why is it not possible to increase the rent? are there any circumstances in which the rent can be increased ?
Customer: replied 2 years ago.
my solicitor wrote a ltter to the tennant stating after the tenancy agreement expires, I would request a rent increase
You can only increase rent by sending a S.13 notice. The notice must set out a right to appeal.
Alex
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Customer: replied 2 years ago.
Hi
How can i send a S13?
Thanks
You should just be able to put it in the post.
You can find a S,.13 online.
Alex
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Customer: replied 2 years ago.
Ok separate question. If deposit is registered late, is it automatic compensation even if i tried to protect the deposit on time?
Well it's still down to the judge.
Alex
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Customer: replied 2 years ago.
In the S13, it suggests at least 6 months notice is required for an increase in rent. But this I suspect is when an AST is ongoing. My AST is due for expiry , so is a 6 month notice still required - in other words if a S13 is issued, is it valid ? After February 17th I have served a notice t quit (S21) - which means, I am no longer going to carry out repairs etc since as far as I am concerned the tennant should not be there.
Really you are asking the question related to your other thread, so I can answer there.
Alex
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