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  • FIRST POST
    • Tonyhague
    • By Tonyhague 13th Sep 17, 4:07 PM
    • 1Posts
    • 0Thanks
    Tonyhague
    Evicting Tenant
    • #1
    • 13th Sep 17, 4:07 PM
    Evicting Tenant 13th Sep 17 at 4:07 PM
    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.
    Last edited by Tonyhague; 13-09-2017 at 4:14 PM.
Page 1
    • Guest101
    • By Guest101 13th Sep 17, 4:22 PM
    • 15,128 Posts
    • 14,763 Thanks
    Guest101
    • #2
    • 13th Sep 17, 4:22 PM
    • #2
    • 13th Sep 17, 4:22 PM
    What why are you issuing s.8?


    Just go to eviction now.
    • Guest101
    • By Guest101 13th Sep 17, 4:25 PM
    • 15,128 Posts
    • 14,763 Thanks
    Guest101
    • #3
    • 13th Sep 17, 4:25 PM
    • #3
    • 13th Sep 17, 4:25 PM
    Look the ONLY, ONLY, ONLY way you can end the tenancy is via the courts.


    So just apply for a possession order.
    • cjdavies
    • By cjdavies 13th Sep 17, 4:33 PM
    • 2,787 Posts
    • 2,792 Thanks
    cjdavies
    • #4
    • 13th Sep 17, 4:33 PM
    • #4
    • 13th Sep 17, 4:33 PM
    All I can add is don't waste £750, you can do this, someone will be along how to though.
    • xylophone
    • By xylophone 13th Sep 17, 4:49 PM
    • 23,428 Posts
    • 13,622 Thanks
    xylophone
    • #5
    • 13th Sep 17, 4:49 PM
    • #5
    • 13th Sep 17, 4:49 PM
    https://www.gov.uk/evicting-tenants
    • G_M
    • By G_M 13th Sep 17, 6:03 PM
    • 41,935 Posts
    • 48,532 Thanks
    G_M
    • #6
    • 13th Sep 17, 6:03 PM
    • #6
    • 13th Sep 17, 6:03 PM
    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
    • By theartfullodger 13th Sep 17, 6:42 PM
    • 9,050 Posts
    • 11,971 Thanks
    theartfullodger
    • #7
    • 13th Sep 17, 6:42 PM
    • #7
    • 13th Sep 17, 6:42 PM
    ..........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 ............
    Originally posted by Tonyhague
    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..)
    Last edited by theartfullodger; 13-09-2017 at 7:49 PM.
    • xylophone
    • By xylophone 13th Sep 17, 6:53 PM
    • 23,428 Posts
    • 13,622 Thanks
    xylophone
    • #8
    • 13th Sep 17, 6:53 PM
    • #8
    • 13th Sep 17, 6:53 PM
    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?
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