Question

Evicting a tenant who has moved rooms in the same house

by | 10 Mar 2016

I am preparing a section 21(4)(a) and a section 8 with a view to evicting a tenant with rent arrears of over £2800.
He has signed two Assured Shorthold Tenancy Agreements. The first dated from 10th day of July 2001 to the 10th day of January 2002 (error should have been 9th) for a first floor FRONT bedsit. Deposit paid of £200.
He then moved to a first floor back bedsit in the SAME house. Again an Assured Shorthold Tenancy was granted from 13th April 2002 to the 12th day of October 2002. He is now periodic. The £200 deposit for the front bedsit was retained by us and used as the deposit for the back bedsit. Which dates/tenancy agreements are used if he doesn’t leave and it comes to me having to apply to the court? Do I have to give the court copies of BOTH tenancy agreements? The deposit has been returned and the £200 deducted from his rent arrears. i have a signed letter from him to this effect. I will probably just use the section 21(4)(a) as I have little chance of recovering any rent arrears from him. Thank you.

Answer

1 Comment

  1. guildy

    Firstly, don’t forget that even a deposit taken before April 2007 must be protected or returned in full before a section 21 notice can be served. There can be no penalty payable because it was received and went periodic prior to 6 April 2007.

    If court proceedings become necessary, you will only need the last tenancy agreement in this case. The second agreement was not a renewal but was a brand new tenancy for a brand new property. Legally it is no different to the tenant moving 100 miles away.

    Any arrears produced should not include anything from the previous tenancy (if there were any back then and the courts practice direction suggests only going back 2 years of rental history anyway).

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