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Evicting Tenant

Tonyhague
Tonyhague Posts: 3 Newbie
edited 13 September 2017 at 4:14PM in House buying, renting & selling
Hi.
We rent our property via sequence as agents.Basic facts:
Deposit taken at the beginning of the tenancy and secured as obliged.
Assured shorthold tenancy of 12 months which expired about 12 months ago and wasn't renewed as the tenant didn't fill the paperwork, we just let it slide.
Rent paid by council with tenant topup, which is all up to date.

In May the agent carried out the annual inventory and we discovered that there's been a long term water leak outside, which has come through the kitchen wall damaging the plaster and causing damp. Tenant neglected to mention it except to say to the agent that "mushrooms grow on the wall"

After several attempts to get a contractor in to do the work, 2 refused because of the tenant's attitude the third said that the kitchen would need to be removed to go down to brick and replaster, we realised that was going to be expensive so contacted out insurer.

Due to the kitchen needing to be removed we felt it best to serve Section 21 notice, get the tenant out and get the work done on an empty house, as it would be unlivable while it happened.

The Section 21 has expired, the tenant is still in and reading the forum here it seems my hope that the notice could be taken to the council to help them get rehoused was very naive of me, apparently the council will have advised them to await the bailiffs :(

I've contacted the Landlord Advice UK and spoken to someone there who estimates it'll be around £750 for them to serve and administer Section 8, are we best using a service like this or another better value one, or even doing it ourselves?

Anything we should do instead?

Thanks.

edit - probably not section 8 next, I'm stressed and should have written as we spoke.
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Comments

  • Guest101
    Guest101 Posts: 15,764 Forumite
    What why are you issuing s.8?


    Just go to eviction now.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Look the ONLY, ONLY, ONLY way you can end the tenancy is via the courts.


    So just apply for a possession order.
  • Marvel1
    Marvel1 Posts: 7,171 Forumite
    Name Dropper First Post First Anniversary
    All I can add is don't waste £750, you can do this, someone will be along how to though.
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Why a S8?

    You've already served a S21 (which I assume was valid) and it's expired.

    Apply to court for possession.

    Lots of online advice on how. Plus court officials will advise on procedure/forms (but won't give legal advice).

    Are you a member of a LA? Have you looked at landlordzone?
  • theartfullodger
    theartfullodger Posts: 14,588 Forumite
    Name Dropper First Anniversary First Post
    edited 13 September 2017 at 7:49PM
    Tonyhague wrote: »
    ..........The Section 21 has expired, the tenant is still in and reading the forum here it seems my hope that the notice could be taken to the council to help them get rehoused was very naive of me, apparently the council will have advised them to await the bailiffs :(............

    Why do you expect the council to rehouse him - in any timescale -, at taxpayers expense, simply to help you, a private landlord??

    What makes you (& similar thinking private landlords) so privileged that you deserve that sort of favour from councils & taxpayers?

    Best regards to all decent members

    Artful (Private landlord..)
  • xylophone
    xylophone Posts: 44,345 Forumite
    Name Dropper First Anniversary First Post
    Why do you expect the council to rehouse him, at taxpayers expense, simply to help you, a private landlord??

    Rent paid by council with tenant topup, which is all up to date.

    The tenant is already receiving help from the taxpayer.

    The OP wants possession of his property. That seems reasonable enough.

    I don't think that he is looking to the Council to help him but had thought that the council might assist the tenant?


    The tenant may not be able to obtain council housing but presumably he is at liberty to look for another private rental and would be eligible once again for housing benefit?
  • How did this go OP?
    How long did it take to get the tenant out?
  • TadleyBaggie
    TadleyBaggie Posts: 6,048 Forumite
    First Anniversary Name Dropper First Post
    The OP hasn't logged on since November.
  • After several "we just need another month or so" requests which we foolishly granted, thinking at least we were getting the rent and avoiding a couple of grand in costs they finally left about 3 weeks ago.
    House is a mess, 10x8 shed full to the roof with bags of rubbish, cupboards in the house the same. Living Room door no longer in the frame, looks like windowsills haven't been cleaned inside in a year or more.
    A large window and a door put through with large stones one of which has made a 4 foot long gouge in the solid oak flooring.
    Them leaving and the cold snap coincided so the pipes froze and burst, we walked into water flowing through the ceilings.
    First call to the insurance company "don't touch anything until we've been", then they came out and"why haven't you fixed anything yet?", I'm hoping they'll cover the water damage which I expect to get into 4 figures.
    Tenant expects her bond back, apparently other people are responsible for the several tons of old clothes toys and god knows what rubbish in the house, garden and locked shed and as her boyfriend put the windows through (witnessed by the neighbour) that's not her responsibility either.
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