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Question

Housing Benefit and Universal Credit (England) | Preventing Controlling and Recovering Rent Arrears (England)

Tenant been sent to prison

14 Jan 2018 | 1 comment

Hi, I have a tenant who moved into my property on 1st December 2017. He paid £500 deposit and £500 rent for December to 1st January. I have not received January to February. I have just found out he has been taken into custody in prison. It is very possible he will get a custodial sentence.
Can I evict him.
Thankyou

Answer

1 Comment

  1. guildy

    Being in custody or prison isn’t a home and as such the tenancy continues as normal.

    Therefore, the quickest and easiest way is to wait and see if they become two months in arrears on 2 February 2018. If they do, you can serve a section 8 notice based upon the rent arrears.

    In the meantime, if there’s a guarantor, you can chase them for the money and send reminders to the tenant too at the tenancy address.

    Because it’s so early into the tenancy, the section 21 notice isn’t going to be appropriate but that option can be revisited after 4 months into the tenancy.

    When ready, the section 8 notice is available here.

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