UK Landlord Forum / Life

My tenant stopped paying rent in November and I issued a section 21. Since this they have moved out and sublet without permission to someone currently occupying the property. I have not accepted any rent from this person. I have appointed landlord action to do the court process.

As the tenancy was issued in my maiden name and a section 3 wasn't done, they have advised that I need to issue a section 3 then start the process again.  I understood that my legal name remained either my maiden or married name but I may need to provide my marriage certificate to prove (I have provided this to landlord action).  Landlord action seem insistent that I need the section 3 and to start again.

Thanks to anyone who may have experience or knowledge of this.

You're confusing what's correct and what's needed to minimise legal risk.

There's no reason to serve a section 3 notice following a name change (whatever the reason), unless something else has caused a change in the interest in the property. But your eviction specialist are working to make your possession claim bulletproof.

The point of conflict is really the delay, which costs them nothing and you lost income.

Thank you. It's helpful to see it that way.

It sounds like you will have a lot of fun, I would advise that you make sure the Solicitors you use put include escalation to High Court Enforcement, giving the reason that you have been deprived of income since November.

I would also do belt n braces on S21 and S8 with the latter claiming the rent, whichever way you get done first using High Court Eviction will save you at least 6 weeks rent, possibly a lot more.

Make sure that all T's are crossed and i's dotted, but I would not be concerned with name, the things to worry about are shown in the Form 6a notes and Gas Safety is important, if sub let are not allowing this then get some evidence of same and use the Council.

If they are on benefits you may at least cause them to have the tap turned off, that often makes them keener to leave.

Quote from: TDLandlord on April 03, 2025, 03:22:46 PMMy tenant stopped paying rent in November and I issued a section 21. Since this they have moved out and sublet without permission to someone currently occupying the property. I have not accepted any rent from this person. I have appointed landlord action to do the court process.

As the tenancy was issued in my maiden name and a section 3 wasn't done, they have advised that I need to issue a section 3 then start the process again.  I understood that my legal name remained either my maiden or married name but I may need to provide my marriage certificate to prove (I have provided this to landlord action).  Landlord action seem insistent that I need the section 3 and to start again.

Thanks to anyone who may have experience or knowledge of this.