to evict or not

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We have a tenant who is one month behind in her rent and later on this week will be two months behind. We used and RLA AST agreement which expired in November and she has signed a section 21 notice. She paid her deposit is before they had to be protected, so we have that in a separate bank account.

We have made constant efforts, she has refused to answer her 'phone and on the odd occasion that we have caught her, she has promised faithfully to pay, but nothing has been forthcoming. We have now written to her mother and she has said that the tenant is out of the country at the moment, but has promised that a standing order is now set up.

Despite all this, there is a chance she will pay (????) and get back on track.

If she does pay and look like becoming a good tenant again, can she insist of a new AST or can I refuse and say that as we have had difficvulties, we want to continue with a statutory periodic tenancy as it will be easier for us to terminate if it re-occuers.

As we have not had to take anyone to court before, can anyone say exactly what you do, we know you have to notify the tenant, but do you do this on the section 8 form on the RLA website and then what do you do, what forms do you have to present to court?

We know the RLA will do all the paperwork for 49.50, but we should be able to do this myself shouldn't we?

We think that just taking these first steps will shock her into taking action. Fingers crossed!

22/01/2008 00:00

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