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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 19645
Experience:  Solicitor
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I need to evict a tenant from an HMO property. Her contract

Customer Question

Hi, I need to evict a tenant from an HMO property.
Her contract was of 5 months in total, ending on October 4th, due to the loss of the job, she's now refusing to pay the whole rent and to move out at the end of the contract.
How shall I proceed ?
Thank you
Submitted: 13 days ago.
Category: Property Law
Expert:  Jamie-Law replied 13 days ago.

Hello, my name is ***** ***** I will help you. I am just reviewing your question. Hopefully, we can get this resolved quickly.

Expert:  Jamie-Law replied 13 days ago.

Hopefully, we can get this resolved quickly.

If you need to contact customer services you can do so by calling free on: 0808(###) ###-####or by email: *****@******.***

You may get a request offering you a telephone call. I am more than happy to do this for you but please note that this is a premium service and therefore attracts an additional charge. This charge is not instead of asking an online question but in addition to. You do not have to accept a telephone call and if you do not wish to have it, please do not click on the request for one. Should you do so then you will be charged for the call.

I will try and answer your question promptly, but as this is an online service there can be delays.

Don’t worry you do not have to wait here for an answer and you will get an email when I respond.

Now let me just take a look and your question and I will see if I can provide an answer for you.

Customer: replied 13 days ago.
thanks
Expert:  Jamie-Law replied 13 days ago.

You have a number of options depending on the length of the fixed term:

You can issue a Section 21 notice 2 months before the end of the tenancy, but you MUST give 4 months notice.

You can issue a Section 8 notice when the tenant is 4 months in arrears.

For more information please see:

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

And

https://www.gov.uk/government/publications/covid-19-and-renting-guidance-for-landlords-tenants-and-local-authorities/technical-guidance-on-eviction-notices

That should help you

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

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

Expert:  Jamie-Law replied 13 days ago.

I was just following up to see if there is anything else I can assist you with today? If so, just let me know.

If not, then I am happy to have been able to assist you.

Customer: replied 12 days ago.
Ok, so I can issue immediately a section 21, giving 4 months notice. How long shall I wait to place a CCJ ?
Expert:  Jamie-Law replied 12 days ago.

Yes, you can issue a S.21 notice.
But once that expires you can seek a Court order for possession and ask for Judgment on the arrears.

I hope that helps.

Customer: replied 12 days ago.
Sure, and I can place the CCJ before the section 21 expires, and escalate the debt to a collection agency ?
Expert:  Jamie-Law replied 12 days ago.

Yes you can get a CCJ now:

www.moneyclaim.gov.uk

I hope that clarifies.

Customer: replied 12 days ago.
Ok, great. How long does the whole eviction process usually take, considering this tenant is also pregnant ?
Expert:  Jamie-Law replied 12 days ago.

It can take a few months.
I hope that helps

Customer: replied 12 days ago.
Even if she's pregnant there shouldn't be any delay ?
Expert:  Jamie-Law replied 12 days ago.

Correct. I hope that assists.

Customer: replied 12 days ago.
Is there any sample for a section 21 which i can use ?
Expert:  Jamie-Law replied 12 days ago.

You have to use Form 6A:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/990879/Notes_to_form_6a_-_1_June_2021_update.pdf

I hope that clarifies.

Customer: replied 12 days ago.
As I just rented a room, I didn;t provide the gas and electric certificate. Would the S.21 still be valid, considering is just a room and the property doesn't need an HMO licence ?
Expert:  Jamie-Law replied 12 days ago.

If the Landlord lived in you would need an EPC.

If the Landlord didnt live in then you would not.

I hope that helps.

Customer: replied 12 days ago.
No, Landlord doesn't live in. I acquired the flat with a guranteed rent agreement, and then sublet the rooms
Expert:  Jamie-Law replied 12 days ago.

Then you needed an EPC if you let on an AST.

I hope that helps.

Customer: replied 12 days ago.
if I didn't provide that to tenants, I can't issue the S.21 ?
Expert:  Jamie-Law replied 12 days ago.

Correct. You need to serve an EPC then a S.21

I hope that helps.

Customer: replied 12 days ago.
Ok, so I'm still on time to send the EPC
Expert:  Jamie-Law replied 12 days ago.

Yes. I hope that clarifies.

Customer: replied 12 days ago.
Before placing the CCJ, do i have to wait for the rent to be 14 days in arrears ?
Expert:  Jamie-Law replied 12 days ago.

You do.

I hope that helps.

Customer: replied 12 days ago.
If I go at the property, without entering the room of the tenant, and I kindly ask my money, can I be accused of harassment ?
Expert:  Jamie-Law replied 12 days ago.

Yes, you can be accused. Do it by letter.

I hope that helps.

Customer: replied 12 days ago.
THank you
Customer: replied 12 days ago.
Dure to covid, If I serve S.21, do i have to give 2 or 4 months notice ?
Customer: replied 12 days ago.
due
Expert:  Jamie-Law replied 12 days ago.

4 months.

I hope that helps.