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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 7285
Experience:  Solicitor
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I have tenants in one of my properties with an AST contract

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I have tenants in one of my properties with an AST contract for 10 months starting November 20th 2016. The contract has a 6 month break clause in it.
I am wanting to evict the tenants for several reasons - I do not allow smoking in the flats -one of them is smoking. - 2 there should be no noise between 11 and 7 am to disturb other tenants in the building this has happened 3 times. 3 they are not paying their rent by direct debit on the 10th of each month.
I have downloaded a form but I'm not sure if it is the one I should use; and I'm not sure how much notice I should give them.
Julia Binns

Hello Julia my name is ***** ***** I will help you with this.

Is it a term about smoking etc? Is it a term about noise?

Customer: replied 1 year ago.
Noise in the early hours - smoking in the flat- and rent not paid on time then late in small amounts.

How many weeks/months in arrears are they?

Customer: replied 1 year ago.
The rent was due yesterday and I need it - but it takes 2-3 weeks to get it.

What form have you used?

Customer: replied 1 year ago.
What does form mean
Customer: replied 1 year ago.
Is it the one - Notice seeking possession of a property let on an Assured Shorthold Tenancy.

Ok - thats ok. If its notice seeking possession, then that is the correct form.

Does the contract say how much notice to give?

Customer: replied 1 year ago.
The contract says two months notice in writing and after rent is owed two weeks but that is for tenancies where the term is 12 months or more.

Does it say you must trigger therefore the break at month 4 or any time after month 6?

Customer: replied 1 year ago.
It says such notice not to expire before the expiry of 6 months from start of tenancy.Tenant may give one months notice not to expire before expiry of 6 months from start of tenancy.Can I issue the notice now?
Customer: replied 1 year ago.
The contract says the above not the notice document.

Yes you can issue notice now. But you need to give 2 months notice.

So yes you can give notice now.

Can I clarify anything for you about this today please?

Jamie-Law and other Property Law Specialists are ready to help you

Let me know when would be good to call and I will give you a ring.

Customer: replied 1 year ago.
Anytime
Customer: replied 1 year ago.
I'm not sure whether I'm doing this right you said 8 minutes it now 23 minutes
I noticed there is a free session but I have paid £36 + £44 and I haven't had a call

Sorry I was on the train on the way home from Court. When would be good to call?
Shall I do it tomorrow?

Customer: replied 1 year ago.
I would appreciate a call Saturday morning if possible between 8 and 9.30. J

I am here now. can you give me your number as it doesnt show?

Customer: replied 1 year ago.

Indeed.