Eviction under a Periodic Tenancy?

Eviction under a Periodic Tenancy?

10:48 AM, 5th March 2018, About 4 years ago 43

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My tenant since 2010 has refused to sign an AST tenancy agreement since May 2014.

She gave me notice that she wanted to move out in Oct 2015, but when I went to do the checkout (17.12.15) she refused to move out as I said I couldn’t give her her deposit back there and then in cash as is held on the DPS, via the Letting Agent.

Her rent continued to be paid by Housing Benefit in full.

Last November (2017) Housing Benefit ruled she (paid direct to me) had been overpaid 4 Nov 2013-23 March 2014 (just under £1000) and have been deducting from monthly payments. She has refused to repay any of this.

This week Housing Benefit have reduced her award from 26 February 2018 and the shortfall is £150pw which she said when I managed to speak to her on the phone she was too busy to discuss and didn’t have the money.

Is her tenancy a Periodic Tenancy?
What Forms do I need to evict her?
When can I start this process?
Does anyone know about using the High Sherriff’s Office to get a Writ of Possession and what the procedure is.

I am at my wits end

Judith



Comments

by Judith Wordsworth

18:06 PM, 14th March 2018, About 4 years ago

Re-reading the s8 Ground 8 it appears now that the tenant has to be 2 months monetarily in arrears and not ... "at least two months’ of the tenants portion of the rent is unpaid" in the original Act.
So will serve 21 4(a) tomorrow and then s8 later when the 2 months is up.
Thanks for all the comments and help.
Beginning to see the benefits of Rachman style of landlording... only joking... well maybe maybe not as very fed up!

by Chris @ Possession Friend

19:56 PM, 14th March 2018, About 4 years ago

Reply to the comment left by Judith Wordsworth at 14/03/2018 - 18:06Yes,
That’s right Judith. 2 months worth of Rent outstanding, so that includes partial unpaid months accumulating to a total of 2 months worth of rent.
PossessionFriend.uk

by Judith Wordsworth

10:05 AM, 15th March 2018, About 4 years ago

Reply to the comment left by Chris Daniel at 14/03/2018 - 19:56
I contacted you yesterday PossessionFriend.uk on line form but didn't get a call back.
s21 4(a) Form as her elder son is 19 and now a non-dependant I'm putting his name down on the form as well as her 3 year old. Will that get it thrown out? Just don't want a squatter too

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