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RJM Law
RJM Law, Lawyer
Category: Property Law
Satisfied Customers: 3482
Experience:  LL.B (Hons)
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Sorry repeat question as previous Solicitor is NOT

Customer Question

Sorry repeat question as previous Solicitor is NOT responding. Protection from Eviction Act: I received a letter for "Protection from Eviction Act 1977" due to boiler being broken down. It was reported on the 19th of April and complete system changed and new boiler fixed on the 21st of July. There were attempts to go into property to finish the repairbut it had been unsuccessful since tenant not allowing the workmen. We have Just realised that tenant went to Council and get the Protection from Eviction. Now no rent has been received since April and it looks like I have to wait four months before serve the eviction notice. Is that acceptable that council serves Protection from Eviction without confirming what is happening with the landlord. How can we reverse the Council Decision? Can we serve Notice to Quit without waiting 4 months based on unpaid rent (not Section 21). How come tenants can be staying in the property without paying for another 4 months? Is duration of Notice to Quit related to rent arrears. More than 6 months equal to 4 weeks (as stated on home shelter advisory websites). Thanks
Submitted: 13 days ago.
Category: Property Law
Expert:  RJM Law replied 13 days ago.

Welcome and thank you for choosing our service, I will be the expert assisting you with this matter today.   I appreciate this matter is important to you and I shall try to resolve it as precisely and quickly as possible for you today.

Please note; there may be delays between messages as the experts on this website all work on a third party basis and are not online full time however, I shall endeavour to respond to your question as soon as possible.  I look forward to assisting you in this matter.

Thank you.

Expert:  RJM Law replied 13 days ago.

Thank you for the question.  The notice period is not a minimum of 2 months.  You can serve them with both a section 21 and a section 8 notice to vacate the premises.  They may object to the this on the basis of the notice, but if you can show the court that you are evicting them on the grounds of unpaid rent then you can overrule this notice.  You will be able to obtain the deposit to cover part of the rent but you will likely require to take them to court for the remainder of the rent.

You can complete the forms for a claims action easily online.  You will have to highlight what the issues are and tell them how much you are claiming for, to be honest the first are straight forward and self-explanatory.   If you feel you can do this yourself then you don’t really need to hire a solicitor but I will provide details for you in case you feel you want to.  You will then receive a response to the claim and a court date.  On the day (unless they offer a settlement) you will appear at the local court and basically provide your evidence and give you claim to the judge and they will response.  The judge will assess the merits of the claim and defence and make a judgement this should be relatively easy for you to prove so the respondent may well offer a settlement in the meantime.

I hope this information has helped.  You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

If you require any help moving forward on this matter in the  future,  please do feel free to come back to us and I would be more than happy to assist.

Kindest Regards.

Customer: replied 13 days ago.
Thank you. So how long is the NOTICE TO Leave should be submitted. 4 weeks? 4 months?
Expert:  RJM Law replied 13 days ago.

Provide no less than 2 months notice to vacate.