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Section 8 for an 'Assured shorthold tenancy agreement....?

Started by abidshaz, May 14, 2010, 01:14:43 PM

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abidshaz

Hi guys and fellow landlords.

I have a tenant who has been in my property for almost a year. On the 18th march i told him that unfortunately I have to ask him to make arrangements to move elsewhere, as due to certain financial and personal circumstances I required the property vacant, so that i could renovate and sell it. I issued him a section 21, which he signed and aggreed to, that he had atleast 2 months to make arrangements.
Now, a fortnight ago, he payed me only half the rent, as he "needed the money for his sons birthday"  :o
Now, this monday he refused to pay me, and stated that he was not going to leave and that hed not been able to find a place elsewhere yet. :o
He claims benefits, which why I believe he cannot afford to move, as probably cant raise the deposit and/or advance rent payments.
So, so far Ive spoken to the local housing private sector dept. 'tenancy relations officer' about this and they have suspended his claim, and hopefully his rent claim will get directed to me. This shud cover until i can get him evicted.
However i think i must wait for the 18th May, 2 months since notice was given, to apply for a court hearing. Is this correct?
Also, can i give him a section 8, as rent is now in arrears, and he has a dog in the house now. ?? Its just that the tenancy agreement is a assured shorthold agreement.
Please help.

ty

propertyfag

Hey abidshaz,

Sounds like you're in an awful situation.

Yeah, from the day your tenant received a section 21, you will have to wait 2 months applying for a court hearing. The system is pretty poor - everything takes so long in my opinion! Annoying!

You can issue a section 8 if your tenant is 2 months in arrears! But if the council is going to pay you direct, you won't be in arrears, so you won't be able to serve a section 8.

Once you start getting rent paid direct to you, the issue should be a little more bearable, I hope. In the mean time, get your court hearing and get him out legally!

You can also use his security deposit for any owed rent!!

Best of luck!