atha1973 Posted October 7, 2010 Report Share Posted October 7, 2010 Hi, I am hoping somebody can help me. I rented one of my properties on 14th August of which the tenant paid the 1st months rent. He did not pay the deposit as he advised me that he was waiting for his old landlord to return his deposit. He signed a declaration confirming that he will pay the deposit by 31st August of which I was happy with. I have not yet received the deposit nor the September rent. I keep getting broken promises and know he is ignoring my calls and letters etc. To be honest with you I think I made a big mistake letting him move in without a deposit. The tenancy agreement has a clause where after 3 months either of us can give notice to terminate the agreement. It would be appreciated if someone could advise me of the procedure for possesion and rent arrears as to when I can apply and which forms I should complete. Link to comment Share on other sites More sharing options...
Chestnut Posted October 10, 2010 Report Share Posted October 10, 2010 Assuming you are under English law, ....and for want of an answer from an expert: Look up the details (on this site) of Section 8 and Section 21 Notices under Housing Act to obtain a Court Order for repossession, needed if tenant doesn't decide to vacate in meantime. If you haven't already done so, write a clear and simple letter to your tenant stating that you are taking legal advice for repossession. Ensure that it's delivered and keep a copy. (Although your agreement may be for only 3 months, legally the tenant is entitled to six months minimum.) See what happens. Consult an experienced solicitor, as any error (e.g. incorrect dates) in serving the notice could delay or even require a repeat procedure to obtain the Court Order and be costly. Link to comment Share on other sites More sharing options...
atha1973 Posted October 11, 2010 Author Report Share Posted October 11, 2010 Thank you for your response. It is a 1 year agreement with a 3 month clause, the agreement also states that should the tenant fall behind with his rent by 14 days or more then he is in breach of his agreement. The tenant also signed a declaration stating that teh deposit will be paid by 31st August and has also breached this agreement. Link to comment Share on other sites More sharing options...
Chestnut Posted October 11, 2010 Report Share Posted October 11, 2010 I don't think your own agreement clauses, even when breached by the tenant, will count for much in an eviction procedure. As I previously stated, take professional advice. The repossession procedure may seem to favour the tenant, who, don't forget, is being made homeless. Link to comment Share on other sites More sharing options...
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