Evicting a tenant

[jon-]

Seany88 said:

I know the tenant makes decent money

This is the bit that really takes the piss. It's one thing if he can't afford it, another if he's actually making good money. Lets hope he has a serious drug problem that will one day land him in a cell with Mr Friendly.

[Wings]

“A section 48 notice has not been issued, i guess this is the next thing to do?”

A section 48 Notice is usually written into a standard Assured Shorthold Tenancy Agreement as per the following extracted from my AST agreements;

“Pursuant to Section 48 of the Landlord and Tenant Act 1987 notice is hereby given to the Tenant that notices (including notices in proceedings) must be served on the Landlord by the Tenant at the following address:”

Your’s or Your Agent’s Address

To clarify matters your tenant moved in on 22 June 2009, rent being £800 per month plus Deposit of £1200, and with rent due for 22 July you should now have received £2800, where as you have in fact only received £600 plus £1400 (today) being a total of £2000, is that correct?

If the above is so, and you want to accept that the monies received are for both rent and the Deposit, then your tenant is just in arrears for rent (£800) due on 22 July, meaning that a section 8 Notice can’t be served until the tenant defaults on payment of the rent due on 22 August, then tenant becomes 2 months in arrears.

I myself however might consider that ALL the monies received were for rental payments, thereby the tenant not paying a Deposit, this I would put in writing to the tenant. If you and the tenant accepted the same, then the tenant only owes £400 for the rent on 22 August.

Certainly if I were you I would seek legal advice, but I would only pursue with eviction if the tenant failed to pay rent on or shortly near to 22 August, and that would only be for rental arrears, and not for any other clauses contained within Notice 8.

[soprano]

Seany88 said:

Thanks for all the replies so far. I might not be able to answer all questions at the moment as i'm on my phone and it can't cope with the formatting very well.

The property was initially up with a very well known international estate agent but they weren't able to find anyone so i thought i'd give it a go.

The tenant moved in 22th june and has so far paid £600 when rent is £800/mth and deposit should be £1200. Shockingly this morning he has paid £1400 which has cleared so now he is just owing rent for august. So firstly i should get the deposit registered is that correct?

There is a tenancy agreement, the one offered on RLA though i can't seem to find a clause about the deposit, though i don't suppose it matters now that we've received the deposit?

A section 48 notice has not been issued, i guess this is the next thing to do?

We are looking to get professional advice from a solicitor now but just want to know other opinions etc just to be fully aware of the situation.

With regards to ground 17 well the reference is a letter from a private bank manager who doesn't exist so does this not count?

What's the best step to take now, especially in light of him paying the deposit and initial month's rent? Can i still use ground 17 to seek possession?

I would say:

1. Sort out the deposit - it needs to be in an approved tenancy deposit scheme. Failure to do so within 14 days of being paid the deposit can render you liable for three times the deposit.

2. You need to serve a s48 notice otherwise rent is not lawfully due and thus technically you cannot ever seek possession under grounds 8, 10 and 11 (rent arrears) until this is remedied.

3. Yes you can still seek possession under ground 17 but I would question the wisdom of doing so. Its a discretionary ground, so the judge does not have to order possession and (this obviously depends on the evidence) I think he would be reluctant to order possession so soon after the tenant has moved in, especially if he is paying rent, albeit late. In any event, even if successful you may waste legal costs (fixed costs of £276.75 may be applied in these cases).

4. Consider trying to keep the relationship with the tenant as good as possible, and coax him through the first 6 months. Your position is someone protected by the fact you now have a deposit. As mentioned above all you need to do to get possession back after the 6 months is serve a s21 notice (get someone who knows what they are doing to do this so it is not defective). As Wings points out this can be served before the six month period, not necessarily after 4 months as suggested but at any time so long as 2 months notice is given. Tactically waiting to serve as late as possible may be a good way to go however, as service of the notice may prompt the tenant to stop paying rent.

[HRG.]

soprano said:

Seany88 said:

Thanks for all the replies so far. I might not be able to answer all questions at the moment as i'm on my phone and it can't cope with the formatting very well.

The property was initially up with a very well known international estate agent but they weren't able to find anyone so i thought i'd give it a go.

The tenant moved in 22th june and has so far paid £600 when rent is £800/mth and deposit should be £1200. Shockingly this morning he has paid £1400 which has cleared so now he is just owing rent for august. So firstly i should get the deposit registered is that correct?

There is a tenancy agreement, the one offered on RLA though i can't seem to find a clause about the deposit, though i don't suppose it matters now that we've received the deposit?

A section 48 notice has not been issued, i guess this is the next thing to do?

We are looking to get professional advice from a solicitor now but just want to know other opinions etc just to be fully aware of the situation.

With regards to ground 17 well the reference is a letter from a private bank manager who doesn't exist so does this not count?

What's the best step to take now, especially in light of him paying the deposit and initial month's rent? Can i still use ground 17 to seek possession?

I would say:

1. Sort out the deposit - it needs to be in an approved tenancy deposit scheme. Failure to do so within 14 days of being paid the deposit can render you liable for three times the deposit.

2. You need to serve a s48 notice otherwise rent is not lawfully due and thus technically you cannot ever seek possession under grounds 8, 10 and 11 (rent arrears) until this is remedied.

3. Yes you can still seek possession under ground 17 but I would question the wisdom of doing so. Its a discretionary ground, so the judge does not have to order possession and (this obviously depends on the evidence) I think he would be reluctant to order possession so soon after the tenant has moved in, especially if he is paying rent, albeit late. In any event, even if successful you may waste legal costs (fixed costs of £276.75 may be applied in these cases).

4. Consider trying to keep the relationship with the tenant as good as possible, and coax him through the first 6 months. Your position is someone protected by the fact you now have a deposit. As mentioned above all you need to do to get possession back after the 6 months is serve a s21 notice (get someone who knows what they are doing to do this so it is not defective). As Wings points out this can be served before the six month period, not necessarily after 4 months as suggested but at any time so long as 2 months notice is given. Tactically waiting to serve as late as possible may be a good way to go however, as service of the notice may prompt the tenant to stop paying rent.

fk that for a game of soldiers, what's the legal position if a squatter moves in?

[soprano]

Wings said:

“A section 48 notice has not been issued, i guess this is the next thing to do?”

A section 48 Notice is usually written into a standard Assured Shorthold Tenancy Agreement as per the following extracted from my AST agreements;

“Pursuant to Section 48 of the Landlord and Tenant Act 1987 notice is hereby given to the Tenant that notices (including notices in proceedings) must be served on the Landlord by the Tenant at the following address:”

Your’s or Your Agent’s Address

To clarify matters your tenant moved in on 22 June 2009, rent being £800 per month plus Deposit of £1200, and with rent due for 22 July you should now have received £2800, where as you have in fact only received £600 plus £1400 (today) being a total of £2000, is that correct?

If the above is so, and you want to accept that the monies received are for both rent and the Deposit, then your tenant is just in arrears for rent (£800) due on 22 July, meaning that a section 8 Notice can’t be served until the tenant defaults on payment of the rent due on 22 August, then tenant becomes 2 months in arrears.

I myself however might consider that ALL the monies received were for rental payments, thereby the tenant not paying a Deposit, this I would put in writing to the tenant. If you and the tenant accepted the same, then the tenant only owes £400 for the rent on 22 August.

Certainly if I were you I would seek legal advice, but I would only pursue with eviction if the tenant failed to pay rent on or shortly near to 22 August, and that would only be for rental arrears, and not for any other clauses contained within Notice 8.

1. Wings is correct - s48 notices are often written into your agreement, so check this.

2. I disagree with Wings on the deposit point. I would treat the £1200.00 as a deposit, and pay it into the appropriate scheme. This cannot be paid out without both parties consent or after determination by the tenancy deposit mediation service (I forget what they are actually called) or by a Judge. This will give you some protection should future payments not be made, and you can pursue the tenant for rent arrears should you wish to. If he doesnt pay anything by 22 August he will be 2 months in arrears. I would personally wait until after that time before issuing a s8 notice.

3. Check your agreement to see whether there is a forfeiture clause in the event of rent arrears, otherwise any application for an order for possession under these provisions will be futile within the fixed term. A reasonable AST will have this drafted within.

4. If you do issue a possession claim, check your AST to see if there is a clause to indemnify you against costs associated with regaining possession. If so make sure your solicitor pleads this in the claim form (ie costs pursuant to the contract) otherwise you might be stuck with fixed costs. This will at least give you a run at getting your full costs back.

5. If you do elect issue a possession claim make sure you also seek judgmnet for the arrears, mesne profits (charge for use and occupation) and statutory interest (8 per cent per annum).

[soprano]

HRG. said:

soprano said:

Seany88 said:

Thanks for all the replies so far. I might not be able to answer all questions at the moment as i'm on my phone and it can't cope with the formatting very well.

The property was initially up with a very well known international estate agent but they weren't able to find anyone so i thought i'd give it a go.

The tenant moved in 22th june and has so far paid £600 when rent is £800/mth and deposit should be £1200. Shockingly this morning he has paid £1400 which has cleared so now he is just owing rent for august. So firstly i should get the deposit registered is that correct?

There is a tenancy agreement, the one offered on RLA though i can't seem to find a clause about the deposit, though i don't suppose it matters now that we've received the deposit?

A section 48 notice has not been issued, i guess this is the next thing to do?

We are looking to get professional advice from a solicitor now but just want to know other opinions etc just to be fully aware of the situation.

With regards to ground 17 well the reference is a letter from a private bank manager who doesn't exist so does this not count?

What's the best step to take now, especially in light of him paying the deposit and initial month's rent? Can i still use ground 17 to seek possession?

I would say:

1. Sort out the deposit - it needs to be in an approved tenancy deposit scheme. Failure to do so within 14 days of being paid the deposit can render you liable for three times the deposit.

2. You need to serve a s48 notice otherwise rent is not lawfully due and thus technically you cannot ever seek possession under grounds 8, 10 and 11 (rent arrears) until this is remedied.

3. Yes you can still seek possession under ground 17 but I would question the wisdom of doing so. Its a discretionary ground, so the judge does not have to order possession and (this obviously depends on the evidence) I think he would be reluctant to order possession so soon after the tenant has moved in, especially if he is paying rent, albeit late. In any event, even if successful you may waste legal costs (fixed costs of £276.75 may be applied in these cases).

4. Consider trying to keep the relationship with the tenant as good as possible, and coax him through the first 6 months. Your position is someone protected by the fact you now have a deposit. As mentioned above all you need to do to get possession back after the 6 months is serve a s21 notice (get someone who knows what they are doing to do this so it is not defective). As Wings points out this can be served before the six month period, not necessarily after 4 months as suggested but at any time so long as 2 months notice is given. Tactically waiting to serve as late as possible may be a good way to go however, as service of the notice may prompt the tenant to stop paying rent.

fk that for a game of soldiers, what's the legal position if a squatter moves in?

Well then it would be a claim against trespassors not a claim against a tenant. There would be no protection under the AST provisions.

[HRG.]

soprano said:

HRG. said:

soprano said:

Seany88 said:

Thanks for all the replies so far. I might not be able to answer all questions at the moment as i'm on my phone and it can't cope with the formatting very well.

The property was initially up with a very well known international estate agent but they weren't able to find anyone so i thought i'd give it a go.

The tenant moved in 22th june and has so far paid £600 when rent is £800/mth and deposit should be £1200. Shockingly this morning he has paid £1400 which has cleared so now he is just owing rent for august. So firstly i should get the deposit registered is that correct?

There is a tenancy agreement, the one offered on RLA though i can't seem to find a clause about the deposit, though i don't suppose it matters now that we've received the deposit?

A section 48 notice has not been issued, i guess this is the next thing to do?

We are looking to get professional advice from a solicitor now but just want to know other opinions etc just to be fully aware of the situation.

With regards to ground 17 well the reference is a letter from a private bank manager who doesn't exist so does this not count?

What's the best step to take now, especially in light of him paying the deposit and initial month's rent? Can i still use ground 17 to seek possession?

I would say:

1. Sort out the deposit - it needs to be in an approved tenancy deposit scheme. Failure to do so within 14 days of being paid the deposit can render you liable for three times the deposit.

2. You need to serve a s48 notice otherwise rent is not lawfully due and thus technically you cannot ever seek possession under grounds 8, 10 and 11 (rent arrears) until this is remedied.

3. Yes you can still seek possession under ground 17 but I would question the wisdom of doing so. Its a discretionary ground, so the judge does not have to order possession and (this obviously depends on the evidence) I think he would be reluctant to order possession so soon after the tenant has moved in, especially if he is paying rent, albeit late. In any event, even if successful you may waste legal costs (fixed costs of £276.75 may be applied in these cases).

4. Consider trying to keep the relationship with the tenant as good as possible, and coax him through the first 6 months. Your position is someone protected by the fact you now have a deposit. As mentioned above all you need to do to get possession back after the 6 months is serve a s21 notice (get someone who knows what they are doing to do this so it is not defective). As Wings points out this can be served before the six month period, not necessarily after 4 months as suggested but at any time so long as 2 months notice is given. Tactically waiting to serve as late as possible may be a good way to go however, as service of the notice may prompt the tenant to stop paying rent.

fk that for a game of soldiers, what's the legal position if a squatter moves in?

Well then it would be a claim against trespassors not a claim against a tenant. There would be no protection under the AST provisions.

Sorry, I meant if a squatter happened to have a key or somehow got in without damaging the property and effectively moved in alongside this non paying tennant.

I'm not saying the owner would necessarily view the squatter as a foe...

[soprano]

HRG. said:

soprano said:

HRG. said:

soprano said:

Seany88 said:

Thanks for all the replies so far. I might not be able to answer all questions at the moment as i'm on my phone and it can't cope with the formatting very well.

The property was initially up with a very well known international estate agent but they weren't able to find anyone so i thought i'd give it a go.

The tenant moved in 22th june and has so far paid £600 when rent is £800/mth and deposit should be £1200. Shockingly this morning he has paid £1400 which has cleared so now he is just owing rent for august. So firstly i should get the deposit registered is that correct?

There is a tenancy agreement, the one offered on RLA though i can't seem to find a clause about the deposit, though i don't suppose it matters now that we've received the deposit?

A section 48 notice has not been issued, i guess this is the next thing to do?

We are looking to get professional advice from a solicitor now but just want to know other opinions etc just to be fully aware of the situation.

With regards to ground 17 well the reference is a letter from a private bank manager who doesn't exist so does this not count?

What's the best step to take now, especially in light of him paying the deposit and initial month's rent? Can i still use ground 17 to seek possession?

I would say:

1. Sort out the deposit - it needs to be in an approved tenancy deposit scheme. Failure to do so within 14 days of being paid the deposit can render you liable for three times the deposit.

2. You need to serve a s48 notice otherwise rent is not lawfully due and thus technically you cannot ever seek possession under grounds 8, 10 and 11 (rent arrears) until this is remedied.

3. Yes you can still seek possession under ground 17 but I would question the wisdom of doing so. Its a discretionary ground, so the judge does not have to order possession and (this obviously depends on the evidence) I think he would be reluctant to order possession so soon after the tenant has moved in, especially if he is paying rent, albeit late. In any event, even if successful you may waste legal costs (fixed costs of £276.75 may be applied in these cases).

4. Consider trying to keep the relationship with the tenant as good as possible, and coax him through the first 6 months. Your position is someone protected by the fact you now have a deposit. As mentioned above all you need to do to get possession back after the 6 months is serve a s21 notice (get someone who knows what they are doing to do this so it is not defective). As Wings points out this can be served before the six month period, not necessarily after 4 months as suggested but at any time so long as 2 months notice is given. Tactically waiting to serve as late as possible may be a good way to go however, as service of the notice may prompt the tenant to stop paying rent.

fk that for a game of soldiers, what's the legal position if a squatter moves in?

Well then it would be a claim against trespassors not a claim against a tenant. There would be no protection under the AST provisions.

Sorry, I meant if a squatter happened to have a key or somehow got in without damaging the property and effectively moved in alongside this non paying tennant.

I'm not saying the owner would necessarily view the squatter as a foe...

Well you might not like this, but if I were acting for the tenant I would issue a counterclaim for a breach of covenant to allow peaceful occupation. I dont think the courts would have much difficulty in accepting that the 'squatter' was there as the agent of the landlord, especially if he had somehow procured a key.

I would steer well clear of any such action unless you want to open yourself up to a whole world of problems.

[Wings]

[/quote]

2. I disagree with Wings on the deposit point. I would treat the £1200.00 as a deposit, and pay it into the appropriate scheme. This cannot be paid out without both parties consent or after determination by the tenancy deposit mediation service (I forget what they are actually called) or by a Judge. This will give you some protection should future payments not be made, and you can pursue the tenant for rent arrears should you wish to. If he doesnt pay anything by 22 August he will be 2 months in arrears. I would personally wait until after that time before issuing a s8 notice..
[/quote]

You possibly are correct, although personally myself I would rather have the £1200 in my bank account (as rent) rather than under a third parties control (as Deposit).

As to serving a Section 8 Notice, if the tenant does not pay rent on the 22 August, then the tenant falls 2 months into arrears. So since the section 8 Notice has to be served on the date in the month the Tenancy started/rent falls due, then surely if the OP does not serve the Notice on 22 August, he then has to wait until 22 September which would then make the tenant 3 months in arrears.

[soprano]

Wings said:

You possibly are correct, although personally myself I would rather have the £1200 in my bank account (as rent) rather than under a third parties control (as Deposit).

As to serving a Section 8 Notice, if the tenant does not pay rent on the 22 August, then the tenant falls 2 months into arrears. So since the section 8 Notice has to be served on the date in the month the Tenancy started/rent falls due, then surely if the OP does not serve the Notice on 22 August, he then has to wait until 22 September which would then make the tenant 3 months in arrears.

On the assumption that no more rent is paid, if you serve before 22 August he will not be 2 months in arrears, and therefore cannot rely upon mandatory ground 8, only discretionary grounds 10 and 11. I don't propose to go over this again, but in short this gives the judge discretion as to whether a possession order should be granted. I would want to rely on ground 8.

I do not understand your point regarding dates. Why do you say that the s8 notice has to be served on a certain date? Are you confusing the provisions of s21 with the provisions of s8?


ETA - 3rd time lucky with formatting!

Edited by soprano on Thursday 6th August 14:06

Edited by soprano on Thursday 6th August 14:07

Edited by soprano on Thursday 6th August 14:08

[Wings]

"I do not understand your point regarding dates. Why do you say that the s8 notice has to be served on a certain date? Are you confusing the provisions of s21 with the provisions of s8?"

I undestood that any Notice, whether section 21 or section 8, had to be given on the day/date in the month the Tenancy started.

[soprano]

Wings said:

"I do not understand your point regarding dates. Why do you say that the s8 notice has to be served on a certain date? Are you confusing the provisions of s21 with the provisions of s8?"

I undestood that any Notice, whether section 21 or section 8, had to be given on the day/date in the month the Tenancy started.

Thats not my understanding. The only time a notice must express a specific date is when an AST has become a statutory periodic tenancy. Then the date to quit must be expressed to give 2 months notice AND be on the last day of a period (section 21(4)(a) HA1988)

If you are still within the fixed term, 2 months is sufficient (s21(1)(b) it need not be expressed to be the end of a period. Of course this cannot be in the first six months.

Re Section 8 notice - I dont think there are any specifics regarding service, the only date requirements are regarding issue of proceedings. If you are unsure on this I suggest you take independant legal advice, but I do not see anywhere in s8 where is has the requirements you suggest.

[soprano]

Below is section 8 from OPSI, the govt website (PLEASE NOTE THIS APPEARS TO BE OUT OF DATE AND HAS BEEN CHANGED) It will give you an idea of the provisions though. The revised act has s4A and s4B inserted which do not appear below but it is the only electronic copy I have right now. No requirements as far as i can see.

Section 8

Notice of proceedings for possession (1) The court shall not entertain proceedings for possession of a dwelling-house let on an assured tenancy unless—
(a) the landlord or, in the case of joint landlords, at least one of them has served on the tenant a notice in accordance with this section and the proceedings are begun within the time limits stated in the notice in accordance with subsections (3) and (4) below; or
(b) the court considers it just and equitable to dispense with the requirement of such a notice.
(2) The court shall not make an order for possession on any of the grounds in Schedule 2 to this Act unless that ground and particulars of it are specified in the notice under this section; but the grounds specified in such a notice may be altered or added to with the leave of the court.
(3) A notice under this section is one in the prescribed form informing the tenant that—
(a) the landlord intends to begin proceedings for possession of the dwelling-house on one or more of the grounds specified in the notice; and
(b) those proceedings will not begin earlier than a date specified in the notice which, without prejudice to any additional limitation under subsection (4) below, shall not be earlier than the expiry of the period of two weeks from the date of service of the notice; and
(c) those proceedings will not begin later than twelve months from the date of service of the notice.
(4) If a notice under this section specifies, in accordance with subsection (3)(a) above, any of Grounds 1, 2, 5 to 7, 9 and 16 in Schedule 2 to this Act (whether with or without other grounds), the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than—
(a) two months from the date of service of the notice; and
(b) if the tenancy is a periodic tenancy, the earliest date on which, apart from section 5(1) above, the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the date of service of the notice under this section.
(5) The court may not exercise the power conferred by subsection (1)(b) above if the landlord seeks to recover possession on Ground 8 in Schedule 2 to this Act.
(6) Where a notice under this section—
(a) is served at a time when the dwelling-house is let on a fixed term tenancy, or
(b) is served after a fixed term tenancy has come to an end but relates (in whole or in part) to events occurring during that tenancy,
the notice shall have effect notwithstanding that the tenant becomes or has become tenant under a statutory periodic tenancy arising on the coming to an end of the fixed term tenancy.

[Wings]

Thanks for your reply, and the spirit you responded in.

So to clarify, in the OP’s case his tenant is presently in arrears for rent due for payment on 22 July, therefore being one month in arrears. Therefore if the tenant does not pay any rent on 22 August, then on the 23 August that tenant will be One month and One day in arrears, meaning that the OP does not have to wait the full two months, but can serve immediately a section 8 Notice.

I have always served a section 8 Notice immediately on the day the tenant becomes two months in arrears (One month & One day), using clauses 8, 10 & 11, Notices being served in duplicate, one recorded and one handed or posted through letterbox, allowing the tenant 14 days to respond.

I even serve the Notice where I believe/know the tenant will respond with an up to date payment

[soprano]

Wings said:

Thanks for your reply, and the spirit you responded in.

So to clarify, in the OP’s case his tenant is presently in arrears for rent due for payment on 22 July, therefore being one month in arrears. Therefore if the tenant does not pay any rent on 22 August, then on the 23 August that tenant will be One month and One day in arrears, meaning that the OP does not have to wait the full two months, but can serve immediately a section 8 Notice.

I have always served a section 8 Notice immediately on the day the tenant becomes two months in arrears (One month & One day), using clauses 8, 10 & 11, Notices being served in duplicate, one recorded and one handed or posted through letterbox, allowing the tenant 14 days to respond.

I even serve the Notice where I believe/know the tenant will respond with an up to date payment

Yes what you say is correct so long as he is treating the money paid as a deposit and not rent (hence my reasoning to treat it as such and the need to pay into an approved scheme asap to avoid coming a cropper).

If it were me, I would send the notice on monday 24 August (because 23 is a weekend - deemed served 26 August). The contract will ordinarily say that rent of XX is payable in advance on XX month. So here (hopefully for the OPs sake!) it will say £800 pcm in advance on 22nd of every month. Under the contract he is therefore 2 months in arrears on 22 August if he does not pay.

Need to give 14 days before you can start proceedings under s8, pursuant to grounds 8, 10 and 11. Obv you may still not be able to rely on ground 8 if the tenant brings the arrears under 2 months by the date of the hearing. As above, I do not think there are any requirements on date of service coinciding with end of periods etc with s 8 notice.

This is dependant on:

1. Rent being lawfully due, so he must ensure s48 notice complied with.
2. There being a forfeiture clause in the tenancy agreement which allows this within the fixed term.

[Wings]

As you rightly stated/implied in one of your posts, if procedures are not followed correctly by the Landlord/Agent, then the courts can, and will throw the case for eviction out, meaning that the Landlord/Agent has to repeat the process all over again.

[soprano]

Wings said:

As you rightly stated/implied in one of your posts, if procedures are not followed correctly by the Landlord/Agent, then the courts can, and will throw the case for eviction out, meaning that the Landlord/Agent has to repeat the process all over again.

Quite right. OP, if your notice is defective, what Wings says is correct. The claim form says something to the effect that a s8 notice WAS served. You therefore cannot remedy a defect and continue with the claim, it will be claim dismissed and start over. And if the other side have lawyers you will have to pay their costs. Last time I saw a landlord try to go it alone and royally cock it up the legal costs sought were £3,000.00. Not sure what they were assessed to but it will be a hefty proportion of that.

OP, in short do not mess this up!

[superlightr]

to the OP as you can see it can be complicated.................

BUT you cannot do any of the above until you protect the deposit. You may have protected it late and thus liable for 3x deposit amount, hopefully the tenant wont pick up on this. But you cannot start any recovery action until the deposit is protected.

Get to a solicitor with all the paperwork, dates and amounts received let them try to sort it. Or ask the tenant to leave as you need to move home as x reason and agree to write off any arrears and hope he vacates.

Edited by superlightr on Thursday 6th August 16:51

[Seany88]

Ok thanks i'm beginning to understand the situation a lot better now so i will register the deposit and serve a section 48 notice and then see. Seeing as ground 17 may not provide the desired outcome i may attempt to restore the relationship and then kick em out as soon as i can after arming myself with plenty of evidence etc.

One thing that has come to mind is in the AST it states that rent is payable in advance on the 28th of each month but at the time i agreed that he could pay on the 23rd ie monthly from when he moved in...so what should i do? When i serve the s.48 notice can i just calculate til the 28th or 1st of the month on a pro-rata basis and count it as arrears? What's the right way to calculate it - 30 day month?

One point, if we were to put it back on the market for sale in the courts would they be allowed to stay until an actual sale went through?

cheers again

[Wings]

You posted …. “The tenant moved in 22th june” and then “One thing that has come to mind is in the AST it states that rent is payable in advance on the 28th of each month but at the time i agreed that he could pay on the 23rd ie monthly from when he moved in...”

So what was the date of the AST?

I believe you would do well to take the papers to a friendly solicitor and seek some possible free advice