notice to move out

[bacard]

hi

my tenant has informed me that, as he has financial problems he can only afford to pay me just over half the rent each month, since then he has already defaulted on 2 months rent the A.S.T. has 3 more months left to run.

could you tell me in this circumstance if i want him to move out how much notice do i legally have to give him?

And also am i entitled to keep his deposit ? which would go a little way to making up the rent he owes me.

regards bacard

[Trenners]

Hi Bacard,

There are a few issues to cover here.

Firstly - I would try and encourage your tenant to peacefully give up his tenancy NOW- ie: if he leaves now then you could offer not to chase him for all the rent he owes you. The reason for this advice is that the sooner you get your tenant out, the sooner you can let the property to someone who will be able to pay you the monthly rent.

If the tenant won't leave peacefully then you will need to follow the correct legal procedures to regain possession.

Either:

Serve a Section 8 notice with grounds 8, 10 and 11 (ie: 8 weeks behind with the rent, persistently late with the rent, partially behind with the rent) and give him 14 days to pay. If you don't get your money then apply to the court for a hearing (via a N5B form). If the tenant isn't a full 8 weeks behind with the rent then you are not, necessarily, going to win the legal argument with the judge and get possession back.

Or:

Agree a repayment schedule with the tenant, get as much money as you can out of the tenant when you can - even if that means visiting weekly to collect the rent, serve a Section 21 notice when you are 2 months from the end of the tenancy requesting possession back at the end of the fixed term.

Or:

Do both of the above

Regarding the security deposit - always remember it is the tenants money. If you are owed rent at the end of the tenancy term then it is reasonable to deduct that rent from the deposit. You should write to your tenant itemising the deductions made from the deposit (and the reasons why).

Good luck,

Mark