Court Notice to a tenant

[keyplus90]

I wanted to get rid of one of the tenants in the house I have rented out. But he is not willing to leave and is asking for a court notice. Would I have to hire a solicitor to arrange a court notice or somehow I can do it myself. Roughly how long it takes, and is this the only way to get someone out of your property?

Any help and information would be much appreciated.

Thanks.

[keyplus90]

Hi Wiz - Nice to see you here, I am a big boy myself but do not like doing these things until I have no other choice. Yeah this guy is a trouble maker and the others are suffering due to him. He does not keep the place clean, then had been rude to other house mates who are my good friends as well. Only he is the outsider, I mean the one I did not know before hand.

[Barmaid]

keyplus - on what terms did you let this property. Was it an assured shorthold tenancy to each of them at the same time or on a room basis or at different times?

[keyplus90]

Hi Barmaid - I have two students on an ongoing contract and this person with his wife in one of the rooms. They all had six months contract. His contract has finished.

Thanks. Wiz - I will wait for you:

[whiskygalore]

Have you already served a Section 21 notice on him and he's refusing to go unless you get a possession order, or is he just asking for a formal notice to quit?

[keyplus90]

Whisky- No I have not done anything yet. And that is the reason I am asking for advice. What is section 21? He just said that he would not leave until he receives court notice.

[buildersmate]

What you need to know about a Section 21 notice is here.
http://www.clickdocs.co.uk/notice-to-quit-engl and.htm
I'm not suggesting you need to buy it from here - I'm sure there's dozens of places to get it for nought - this is the first place I could quickly find what you needed to know.
Basically 2 months notice - even at the end of a fixed term tenancy.

[keyplus90]

Buildersmate. Thanks and now I know wat to do. Much appreciated.

[Peter Pedant]

yeah I got screwed on a s21 notice

you can download one from the internet by googling section 21

it has to be word perfect as the courts do not have discretion. so it must be eight weeks or more
and if the lease began on 17th aug then the date of expiry (look at the notice) should be 16th of the month


you have to give the notice to him


if you dont follow all the rules -then you risk the judge turning to the defendant and saying this notice is nt valid it it and then dismissing it. But never mind al you do is start another eight week cycle and get the dates right.

[Peter Pedant]

oh and then you have to wait for the notice to expire and then apply to the court for an order

if he defends the application for an order then a date is set. all this takes time

but you know it makes you a better man to go through all this and muchmore likely to negotiate next time.

time: I gave an invalid notice sep 07 to end the lease Feb 4 2008 (lots and lots of time as the judge said). The invalid notice was thrown out Mar 21 2008 and I served a valid one the next day with all the dates right this time and in person and got them out on Jun 4.

they lost everything - as predicted - instead of using the five months notice tofinnd another place, they did nothing as they thought they had security of tenure - egged on I am afraid by a council adviser - and then had to get out plenty fast when it dawned on them that a valid notice HAD been served, and time was ticking away.