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SASH_Law
SASH_Law, Lawyer
Category: Property Law
Satisfied Customers: 4331
Experience:  LLB (Hons)
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We own a property which we rent out. Our tenant has not paid

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Hi, We own a property which we rent out. Our tenant has not paid her rent for the last two months. She has been evasive when we try to contact her. There is a bit of a story involved with this; She has currently undergone a personal tragedy where her daughter fell out of the window of the property. She was in a cricital condition but is now making more of a recovery but will have lasting damage, which is why we approach this situation with trepadition. However, we have been interviewed by the police as she tried to blame us for the sitaution (which was completely false). She also told the police that she wasn't living, nor going to be living in the house anymore. We feel that due to the non payment of rent, and falsely blaming us for what happened to her daughter our relationshiop with her has been irreconcilably damaged. She is also in breach of her contract as she has been keeping a pet despite it stating in her contract that there are no pets allowed. Can you please advise us of our next steps? Many thanks, ***** *****

Hi, I’m Lea and I will be assisting you with your query today.

I am very sorry to hear about your dilemma, but will do my best to provide you with advice and guidance on what to do next. Your route is to serve notice on her, a s21 with six months notice, or a s8, which, given she is not six months in arrears, will also need to be a six month notice. These extended notice periods are due to the pandemic and are expected to last until the end of May, but may be extended at that point (no one knows yet).

In non-pandemic times the two months of arrears would have been sufficient to serve a s8 notice under mandatory ground 8, which would guarantee a possession order if she remained in two months arrears at the time of the court hearing, but at present the law requires six months arrears for a quick notice period (four weeks).

Her telling the police she won't be living there is not notice to you, so do not assume that the tenancy has ended. You have to formally end it, or she does, by serving the appropriate notice and then, if necessary, going to court for a possession order.

A breach of contract of having a pet is not likely to be sufficient to terminate the contract.

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