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how soon can i serve notice?

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Tenancy agreement started on the 27th March 2011 and was for 6 months. It was issued on the RLA 2008 AST version. My tenant in my opinion has broken the terms of the agreement as he has not asked for permission to have a dog in the property but yet has one. Secondly and more importantly the rent has been paid but the last 2 payments were late and not in the agreed manner (standing order). The last rent payment was due on the 27th August 2011, this would be for the month coming, so he is now in effect in arrears.

The tenant phoned on 30/8/2011 to advise that he has been held by the police over the bank holiday weekend due to a domestic dispute with his ex and assured me the money would be on my account on 2/9/2011. The tenant advised me of his domestic situation and was distressed. As the rent was still not paid I phoned him to query this but had to leave a message on his answer machine. I called at the house on the 2/9/2011 but there was no answer.

A this point i became anxious and contacted the police and asked them to attend the house with me to make sure nothing untoward had happened as he was so distressed on the 30/08/2011. The police advised that I had would be ok to enter the property to ensure all was well and if there was anything to let them know.

I have been to the property and I knocked on the door, rang the phone and even called through the letter box asking him to advise that he was ok. When i received no response I entered the property advising him I was coming in and checking to see if he was ok. The tenant was not in the house yet the back door was wide open and looks as if he has lept over the fence at the bottom of the garden.

Can I serve notice yet and on what grounds?

03/09/2011 00:00

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