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Vineet S
Vineet S,
Category: Property Law
Satisfied Customers: 1451
Experience:  Freelance Solicitor at Self Employed
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My brother is in our house with his family. They rent it

Customer Question

My brother is in our house with his family. They rent it from us, they have been in there since 2006. 2012/2013 we had rent issues with them and they didn't pay any rent for a long time they owed us over £6000. They then was paying rent again and we had the extra £50 every now and again from them. Last December it all started again and in the last 11months we have only received 1 and half worth of months rent. We can't keep finacially paying for them. We sent a letter 1st July giving them 3 months to move out as we need to sell the house. After 3 weeks they contacted to say they hadn't received the letter so it was delivered again(by hand so we know they got it) the acknowledged by a message they had received it. Next fri is the 23rd October so the 3 months from when they were given the letter. He keeps saying I will know more when I have spoken with housing officer etc. Nothing to do with us. With only a week to go I have been contacting the last few weeks to make arrangements for the 23rd and I am not really getting anything back.
JA: Where are you? It matters because laws vary by location.
Customer: The house is in Telford shropshire
JA: What steps have you taken so far?
Customer: All we have done is sent the letter to give them notice to vacate the property which would be 23rd as he was arguing it was 3 months from when they received it. When we sent the orginial letter, we sent it by recorded delivery so there is no way it didn't go there but we still sent the hand delivered one which they got 22/23rd July
JA: Anything else you want the Lawyer to know before I connect you?
Customer: We don't have any paperwork between us. Nieve I know but they were family
Submitted: 13 days ago.
Category: Property Law
Expert:  Vineet S replied 13 days ago.

Welcome to Just Answer, I am a practicing solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

Expert:  Vineet S replied 13 days ago.

Hi there,

Could you please confirm if your family ( tenants) share that house with the Landlords?

Since when the rent payment has not been paid?

Customer: replied 13 days ago.
No landlords do not live in the house
Customer: replied 13 days ago.
We just want them out the house now but are worried they won't be gone on the 23rd. We finacially can not keep funding them. Think they will be getting some sort of housing benefit since covid and yet nothing has been passed onto us.
Expert:  Vineet S replied 13 days ago.

Could you confirm the date , eviction notice was served on them?

Customer: replied 13 days ago.
We sent a letter recorded delivery on 1st July and also by email and whats app, giving them 3 months notice to be out by 30 th Sept. After 3 weeks he then messaged on whats app to say he hadn't received the letter. We then sent another one and it was hand delivered to him and he messaged to say he had it on 23rd July so 3 months from that is 23rd October
Expert:  Vineet S replied 13 days ago.

Thank you for your reply.

Your notice for eviction was valid for both the times. I assume section 21 notice has been served to the tenants.

You have to act on the last notice served 23rd July, and if on the expiry of the notice period on 23rd Oct , your tenants fails to leave , then you would have to get possession orders from the court.

Customer: replied 13 days ago.
We didn't actually serve a section 21. It was just a letter that we wrote. Does that make a difference?
Customer: replied 13 days ago.
How do we serve a section 21? Will we now need to do that?
Expert:  Vineet S replied 13 days ago.

Yes. You need to serve eviction notice under 21 Housing Act, on that basis an application for possession can be made in the court. In the absence of valid notice , unfortunately you can not move to court for getting possession orders.

Customer: replied 13 days ago.
How do we go about serving a section 21?
Customer: replied 13 days ago.
When we serve a section 21 is that another 3 months notice we need to give?
Expert:  Vineet S replied 13 days ago.

Please find attached section 21 notice template

Expert:  Vineet S replied 13 days ago.

After 28Th Aug, the requirement for eviction notice has gone up to 6 months , due to COVID 19.

Please click on the below webpage for further information on section 21 notice-

https://www.gov.uk/evicting-tenants/section-21-and-section-8-notices

Thank you and all the best.

Customer: replied 13 days ago.
is a section 21 an actual letter we give them(document) that is already set out?
i just read you can write your own. Does it have to have section 21 on it?
Expert:  Vineet S replied 13 days ago.

Yes, a section 21 notice, Landlords are required to serve on their tenants for evicting them.

Customer: replied 13 days ago.
I am not sure we can do the section 21 route. As I previously stated there is no paperwork between(nieve I know) it was just an agreement between us as my husband is in the military so we move around that they would stay there and pay us rent.
On the section 21 states that the landlord can't do this if there is no gas safety certificate,tenant check list etc. For over a year things have been frosty so there is none of this.
Expert:  Vineet S replied 13 days ago.

There is no legal requirement for having a written tenancy agreement . Agreement can be verbal, implied or confirmed by the conduct of the parties.

If the tenant fails to move out at the expiry of your notice on 23rd Oct , then you would not be able to move to court for eviction orders.

Customer: replied 13 days ago.
I understand that which is why we are now looking gor what we need to do.
So can we still do a section 21 even though there isn't any gas safety certificate, tenancy checklist etc. It's only what I read on one of the section 21 bits on the gov site. If that is the case what can we do?
Customer: replied 13 days ago.
Would they be classed as Squatters?
Expert:  Vineet S replied 13 days ago.

Hi there,

Section 21 would be invalid if there is no gas safety certificate.

They would not be squatters, as you have given them the access to the property and were paying rent , they are your tenants.

You should try to settle it amicably out of court, and negotiate the eviction mutually with them,

Customer: replied 13 days ago.
This is what we are trying to do but what are we meant to do if they don't go after months. I can't keep financially paying a mortgage where we don't live and they aren't paying us. We must have a right to get them out
Expert:  Vineet S replied 13 days ago.

If you take them to the court for eviction, when as you said there is no gas safety and things been frosty, no proper heating , then you can be in trouble as a Landlord you were not meeting your statutory repair obligations.

It would be better for both sides if they settle it within themselves , without involving other authorities and court.

Customer: replied 13 days ago.
can we do a gas safety certificate now? And then issue the section 21?
Customer: replied 13 days ago.
As once thats in place in theory you can issue them with section 21
Expert:  Vineet S replied 13 days ago.

A section 21 notice can be invalid if you have failed to give your tenant a current copy of the following documents:

  • Gas safety certificate
  • energy performance certificate
  • ‘How to rent: the checklist for renting in England’ – a government-produced guide
Expert:  Vineet S replied 13 days ago.

Once supplied these docs, you can issue a section 21 notice, however currently you would need 6 months notice period to the tenants.

Customer: replied 13 days ago.
I understand that
Expert:  Vineet S replied 13 days ago.

Many thanks and all the best.