Scotfish Posted June 6, 2011 Report Share Posted June 6, 2011 Hello, wondering if you can help. Our tenants didn't pay their rent for six months (they paid the arrears but are a month behind now) and they have now had the local council do a health & safety report on the property which has identified a long list of problems. They've been in the house nearly two years but haven't reported any issues to us, at all. Can't believe they didn't notify us! We now have a large amount of work to be done otherwise the council is going to fine us. Their Tenancy Agreement ran out more than 6 months ago and it wasn't renewed. They 'pay' four weekly. Could you advise the best way to ask them to leave please? We are conscious that they will say one of the problems at the house will injure or affect them now so want them to go as soon as possible. Can we just give four week's notice? It's all a bit new to me and have found conflicting reports by searching Google! Thanks for any advice in advance Link to comment Share on other sites More sharing options...
LLAW96 Posted June 9, 2011 Report Share Posted June 9, 2011 Firstly dont panic, there are two possible routes for you to obtain possession (1) service of a section 8 notice for arrears of rent, I would not recommend this route for you as the level of arrears is below 2 months and you will have a mandatory ground for possession, you may also face a counterclaim for disrepair. (2) serve a notice under s.21 terminating the tenants shorthold assured tenancy, as your tenant is out of contract your notice has to give two months notice ending on the last day of a period of the tenancy. Once you have done this and on the notice expiring you will be able to issue a claim for possession in county court. Note if you took a deposit it has to be protected in a DPS before you serve your s.21 Notice. I am assuming that the council have served you with either a statutory nuisance notice or Cat1/2 hazard notice. Do not confuse what is required to be done for health and safety reasons and what is actually a repair. If you are unclear how to prepare and serve your s.21 notice then pay for someone to do it for you otherwise you could be running around in circles. Link to comment Share on other sites More sharing options...
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