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Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 16779
Experience:  Solicitor
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I have a very difficult tenant who is 50 years old phd

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HI, I have a very difficult tenant who is 50 years old phd student, he has outstanding rent of £750 which including all bills, it is a 3 bedroom house, now he is the only one living there, he said his only income is from the university giving him some money for his living cost. can you please advise that, if he does not pay me the rent, shall I continue to pay for all the bills using my own saving? I don't really want to because I went there to repair something and saw him sitting there watching TV and enjoying life in my house paying nothing, why? I am really feeling so sad, I don't know what to do, please advise the above, thanks. Kate
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: no, I have texted him to remind him of rent payment, but he said that it depends on the university, at the moment they are working very slow
JA: Where is the house located?
Customer: it is in Newcastle upon Tyne, near the newcastle city centre
JA: Anything else you want the Lawyer to know before I connect you?
Customer: He said he has allergy to dust, he puts books on the 3 talk bookshelf in the living room, he also put some files in the kitchen's cupboards which I have told him not to do so but he ignored my request. he sits in the living room all the time whenever he is in the house, other tenant will not be able to sit and watch the TV.

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

What type of tenancy does he have?

Customer: replied 11 days ago.
a 6 month AST tenancy contract started from 11/10/2017, he has refused a few times and said that the section 21 which I handed to him last year 7/5/2019 which I am sure it's valid and lawful. So now he should be on a periodic monthly basis
Customer: replied 11 days ago.
i want to send him a section 21 notice now so he can move out by 30/9/2020?

Is he more than 8 weeks in arrears?

Customer: replied 11 days ago.

Ok - so why dont you just serve a S.8 notice?
Yoy can do this if they are 8 weeks or more in arrears.

If they dont pay up by 14 days you can seek a Court order for possession.

You can ALSO serve a S.21 notice but that has to be in form 6A:

But S.8 is quicker for you.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate.

If you need anything further I am available for a follow up at no extra cost.

Customer: replied 11 days ago.
Can I service a section 21 to him? and also my previous question: can I stop paying the bills which including energy bills, internet , Tv licence? because the monthly rent includes all bill too , not only rent. please advise on these 2 questions. thank you.

You can serve a S.8 and S.21

You cant stop paying the bills sadly.....

Does that clarify?

Customer: replied 11 days ago.
Ok, but what if I don't have money to pay for his bills or I don't want to use my own saving to pay for his bills ? he has money to buy lots of food keeping the fridge full but no money to pay for his bills and I have to use my own saving to pay for his bills? this is surely something not right.

He could, in theory, sue you dor breach of contract.

Just as you are with him by serving S.21 or S.8 notice.

Does that clarify?

Customer: replied 11 days ago.
sure, I will definitely give you a 5 star rating when finished.
what is the procedure for serving him S.8 and S.21, form 6A? you meant first serve the S.8, wait for 14 days, if he hasn't paid for the rent and bring it up to date then at that point I can serve him the S21 form 6A? so if this is the case then I can not serve him both S8 and S21 together?

No, S.8 notice is any notice.
S.21 must be form 6A

You can serve S.21 now as its a no fault ending but 2 months notice

S.8 you serve for breach and is 14 days to end tenancy

Yes you can serve both

Does that clarify?

Customer: replied 11 days ago.
Ok, so if he doesn't pay for the outstanding rent by 14 days after receiving the Section 8, I can then go for the court proceeding for possession ? but now according to the new rules as a result of the COvid - 19, I must give him 3 month notice and it has to be together with S8 (it has to be a fault/reason to get him out as of 1/4/2020? ) Please can you advise on this, thank you.
Customer: replied 11 days ago.
I have heard that from 1st of april 2020 landlords can no longer serve section 21 , it has to be with a reason/fault , this means that both S8 AND S21 must be serve together to give 3 months notice and then go to the court if refusing moving out? I am not sure what is correct, please advise on this, many thanks.

Correct. The Court will list it after 1st October because of Covid-19.

S.21 new rules have not come in. You have to give 2 months notice.

Does that clarify

Customer: replied 11 days ago.
thank you very much. can i ask more questions tomorrow if i do have any?
Customer: replied 11 days ago.
Do you have the service for sending him the notice to move out? and also a letter for chasing the outstanding rent? if so, how much would the charges be?
Customer: replied 11 days ago.
or can I do by myself?

Sure. We cant send the notice for you or chase, we are online only.

But you can do it yourself

Does that clarify?

Customer: replied 11 days ago.
ok can you please send me the notice and chase letter with edible format , so I can input the other details like his name and my name and address?

Ive sent you form 6a. Thats the notice for a S,21

S.8 there is no template. You can find one online.

Does that clarify?

Customer: replied 11 days ago.
I have looked at the one you have sent me, but it's in PDF format and I can you input any details?
Customer: replied 11 days ago.
would it be possible for you to send me a AST agreement as I will need this if there is a new tenant available to move in? Thank you,

Yes, you can save it and then put details in.

Sadly I cant draft things for you either.
This is just a Q&A site.

Does that assist?

Customer: replied 11 days ago.
ok, sorry i didn't realise that. yes it does assist.
my last question for today is that, 1, is it legal to take in 3 tenants for a 3 bedroom house? 2. when will the new law take place for serving a Section 21 (with faults in place)?

1. Yes assuming you have HMO licence

2. No date in place

Does that clarify?

Jamie-Law and other Property Law Specialists are ready to help you
Customer: replied 11 days ago.
thank you very much.