Tenant eviction

[The Sewingkit]

Hi Everyone,

First post so be gentle...

I am living with a guy who I would like to have moved out (evicted I suppose) I am not the landlord but my best friend is (house owner) and we are looking at what we need to do.

Some background first. I have asked him for some money owed for bills and he has said he will not pay me the money anyway, no matter what the reasons at this stage. I have tried discussing why, etc but he has issues with confrontation and keeps interrupting me when I am trying to talk and explain, then goes off subject, usual thing. So annoying, just cant get anywhere with him so I want him to move on. He has moved all my stuff out of the lounge, tidied and rearranged a lot more stuff. Put a bikelock on the back gates so I cant nip in and use the space even though I just have to lift the gates off . I do not want to bore you with any more details no matter how entertaining they are. Suffice it so say, he is acting like a immature child and he is in his 50/60's, all quite funny! I am calm and relaxed about it all cos his behaviour makes me laugh and I want to do it legally and smoothly (if this sort of thing would ever be smooth).

So,

We are not sure what tenancy he has (not very good I know!) but he has one of the WHSmith rent books with the agreement on the back and I think the landlord may have done an AST agreement when he first moved in. But he has been here 2/3 years so I think that or anything he has had would now have expired. It would never have been a Fixed Agreement. Nothing has been given to him, agreement wise for a long long time too. I would say it is safe to assume he is on a Periodic Tenancy type thing (sorry for flippancy).

Questions please:

1. I presume he is now on a Periodic Tenancy now, is this correct?
2. Can the Landlord ask to see his rent book and does he have to comply? Just to check the type to make sure it aint anything weird as I have been reading all over this site and one thing I have seen it not to get any of it wrong.
3. If it is a Periodic tenancy argreement am I right to say that all we have to do is issue a NTQ making sure we get the dates are right (28 days) and we satisfy all the content requirements, etc as outlined on the Housing Law site The Housing Law website.
4. We do not have to outline any grounds in the NTQ, we can just ask him to go.
5. If we are unsure of dates are we OK to add on few extra days to make sure we are OK?
6. Can we base any dates on when the rent is paid by him? (Monthly)
7. If yes, can I get a template for a NTQ anywhere here or somewhere else, I have not been able to find one.

I am aware of the susequent consequences if he does not vacate on the 29th day and that we may have to go to the next step. But, he is one of these play it by the book kinda guys, Mr Frugal and the thought of having to pay the court fees will frighten him off a bit. I remember someone once saying to me "never do anything on the principle of the matter" it just costs to much, I think that may ring true for him. If not I do not mind paying the £120 fee or whatever it is get it all done just for peace of mind.

Thank you in anticipation of any help offered...

The Sewingkit :o

[MrShed]

The first key question is who was his arrangement with to move in and subsequently rent FROM - you, or the homeowner? Makes a massive legal difference.

I.E. is his rental arrangement direct with the homeowner, or with yourself.

[The Sewingkit]

Thank you Mr Shed.

He pays to the landlord (homeowner) separate to me and his arrangement is with the homeowner.

I handled the initial visit and viewing, interview. Acting as his agent I suppose you could say. He did intimate that he would be working at the door in a chat but has not worked (writing a book) since being here but that will not be in any agreement anyway.

All literature he has has the landlords details on, Council Tax benefit, and whatever else he has.

I kind of look after the house for him but that is very loose. It is in a good state, clean and tidy. Garden needs atttention at the front. But inside, more or less faultless. No services have been waithdrawn or interrupted and I see nothing that he can challenge on. The landlord does not visit that often, once or twice a year, we have a Landlords Gas Cert, things like that. I have not checked the landlords responsibilities thoroughly though.

[MrShed]

Originally Posted by The Sewingkit

Questions please:

1. I presume he is now on a Periodic Tenancy now, is this correct?
2. Can the Landlord ask to see his rent book and does he have to comply? Just to check the type to make sure it aint anything weird as I have been reading all over this site and one thing I have seen it not to get any of it wrong.
3. If it is a Periodic tenancy argreement am I right to say that all we have to do is issue a NTQ making sure we get the dates are right (28 days) and we satisfy all the content requirements, etc as outlined on the Housing Law site The Housing Law website.
4. We do not have to outline any grounds in the NTQ, we can just ask him to go.
5. If we are unsure of dates are we OK to add on few extra days to make sure we are OK?
6. Can we base any dates on when the rent is paid by him? (Monthly)
7. If yes, can I get a template for a NTQ anywhere here or somewhere else, I have not been able to find one.

Following your other answer:

1) Statutory Periodic Tenancy, yes
2) No idea - I doubt it, and almost certainly not relevant.
3) NO. The landlord needs to issue a Section 21 notice(important to note this is NOT a NTQ). This will be at least 2 MONTHS notice, to end on the last day of a rental period.
4) Correct
5) No. Have it expire at the end of a rental period(i.e. for possession "on or after xxx" where xxx is the day BEFORE rent is due, making sure that this date gives at least 2 FULL MONTHS notice).
6)Yes, as above
7) Google for Section 21 or S21

Just PLEASE note that you cannot take these answers as definitive - they are my "best guess" based upon the info you have given. Not having a copy of the original tenancy agreement is a real issue for giving definitive answers. However, I think it is safe to assume that the tenancy is an AST, with a monthly rent period, and with a 6 month initial fixed term, and as such these are the assumptions I have based my answers on.

[The Sewingkit]

Thank you.

Just a quickie,

Why is it a Section 21 not an NTQ?
So, for a S21 we do not have to give grounds?

I will google it right now!

Cheers
Sew

[MrShed]

Correct. It is a matter of semantics. An S21 is a NTQ in all but name - just an AST requires an S21 as it has a couple of extra bits kinda thing.

[The Sewingkit]

Brilliant,

I presume any S21 I purchase through some of the sites googled will be fine as they are standard?

Thank you for your help so far.

Regards
Sew

[MrShed]

Yep....but you dont really need to buy one - its pretty straightforward.

I'll see if i can find a template.

[MrShed]

Please Register to Continue - LandlordZONE

Good site, and should have decent templates.

[The Sewingkit]

Lots of reputation points for you!!

Thank you, very helpful indeed.

I will register and have a look.

Regards
Sew

[MrShed]

No worries let us know how you get on.

[The Sewingkit]

Will do!