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  • FIRST POST
    • stinky_docker
    • By stinky_docker 12th Jan 18, 10:46 AM
    • 39Posts
    • 5Thanks
    stinky_docker
    Evicting a Troublesome Tenant
    • #1
    • 12th Jan 18, 10:46 AM
    Evicting a Troublesome Tenant 12th Jan 18 at 10:46 AM
    Hello All,

    I need some urgent and sensible/legal advice for evicting a right sh!!bag of a tenant.

    My elderly mother bought a house to rent out as a means of supplementing her retirement. The tenant is a private tenant who has failed to pay rent for over 4 months.

    My mother served him with a section 21 notice late last year, he should've been out by Jan 18 but hasn't left yet. I now need to find out the most efficient way to get him evicted/out of the property?

    Is some form of eviction order/notice the best step?

    Also, he is self-employed so often leaves the property vacant whilst at work, I'm assuming he would be classed as a squatter as his tenancy has lapsed so could I go and "Secure the vacant property/change locks/board up exits" when its empty? would this be legal..?

    I need to pry into the minds of the savvy landlords in order to free my elderly mother of this burden and send her on a cruise to enjoy retirement as opposed to the huge stress she's experiencing right now.

    A little background info:

    1) He's self-employed and not in receipt of welfare.
    2) He has access to his children who occasionally stay over but not custody so I can't imagine could play the family card.
    3) He is a low life and will stoop at nothing to prolong this nonsense.
    4) At some point, I'd like to seek to recover every expense he's caused my mother so any further advice on that would be appreciated.


    Thanks for any help, you'd be making a hard working old girl very happy if I can get this low-life out of her property.

    Thanks
    Andy
Page 2
    • fairy lights
    • By fairy lights 12th Jan 18, 2:48 PM
    • 8,410 Posts
    • 28,290 Thanks
    fairy lights
    This agreement states a security deposit of £480 was taken, lists various particulars such as returning it in full at the end of the tenancy less damages to the property, the tenant signed and dated this agreement on the 4th Sept 2017.
    Originally posted by stinky_docker
    Yes, but was that deposit protected?
    • Money maker
    • By Money maker 12th Jan 18, 3:00 PM
    • 4,894 Posts
    • 11,147 Thanks
    Money maker
    How does this actually help the OP? Infact just gonna SPAM your comment
    Originally posted by Comms69
    You will want to edit your post. You have quoted (repeated) the post you wanted to eradicate.
    Please do not quote spam as this enables it to 'live on' once the spam post is removed.

    If you quote me, don't forget the capital 'M'

    Declutterers of the world - unite!
    • Annie35
    • By Annie35 12th Jan 18, 3:10 PM
    • 122 Posts
    • 83 Thanks
    Annie35
    It sounds like your s21 notice is NOT valid then if tenancy only started in sept, s21 can't be dated till March (6months). Not sure if you need 2 months unpaid to issue s8 or if it just needs to be 2 months by the time of court? I'm sure others can confirm that though. Tbh I'd pay an eviction company to deal with this
    • G_M
    • By G_M 12th Jan 18, 7:30 PM
    • 42,748 Posts
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    G_M
    It sounds like your s21 notice is NOT valid then if tenancy only started in sept, s21 can't be dated till March (6months). Not sure if you need 2 months unpaid to issue s8 or if it just needs to be 2 months by the time of court? I'm sure others can confirm that though. Tbh I'd pay an eviction company to deal with this
    Originally posted by Annie35
    OP said:
    The tenant is a private tenant who has failed to pay rent for over 4 months.

    My mother served him with a section 21 notice late last year, he should've been out by Jan 18 but hasn't left yet.
    Where do you get " tenancy only started in sept," - have I missed something?

    For a S8 Ground 8 to be valid, 2+ months rent must be overdue both on date off service and on date of hearing.

    But OP would be well advised to go carefully through the S21 validity checker.
    • Slithery
    • By Slithery 12th Jan 18, 7:35 PM
    • 483 Posts
    • 741 Thanks
    Slithery
    @G_M

    Read post #19, OP confirmed that tenancy started in September.
    • HampshireH
    • By HampshireH 12th Jan 18, 7:42 PM
    • 353 Posts
    • 376 Thanks
    HampshireH
    By!stinky_docker12th Jan 18, 2:43 PM

    !

    What's this?

    STINKY_DOCKERView public profileSend private messageFind more postsView all thanked posts

    Thanks everyone for the help so far, I've been able to establish the following:

    Tenant signed an assured shorthold tenancy agreement on the 4th Sept 2017.

    This agreement states a security deposit of £480 was taken, lists various particulars such as returning it in full at the end of the tenancy less damages to the property, the tenant signed and dated this agreement on the 4th Sept 2017.

    He then subsequently failed to uphold his side of the agreement, hasn't paid any rent etc

    s.8 served on 05/10/17 in writing to tenant

    s.21 served on 06/11/17 again in writing to the tenant, expired 06/01/18
    Looks like she will need to reserve
    • deannatrois
    • By deannatrois 12th Jan 18, 7:56 PM
    • 4,987 Posts
    • 7,009 Thanks
    deannatrois
    Was the deposit protected. If not the S21 won't be VALID.

    If the tenancy started in September, and the S21 issued in December, it won't be valid, it can not be issued until 4 months after the tenancy started as far as I understand it.

    PLEASE check the above. If your mother proceeds with getting a possession order on the basis of the S21 on the basis of what you have said, she will be wasting the court fees.

    She may be able to evict under S8, but tenant just say property needs a repair and the Judge can refuse to issue possession order.., as I understand it. It may be successful, it may not. He can also pay just enough arrears to bring the arrears to one day under 2 months and the court case will fail.
    Last edited by deannatrois; 12-01-2018 at 7:59 PM.
    • Annie35
    • By Annie35 12th Jan 18, 11:12 PM
    • 122 Posts
    • 83 Thanks
    Annie35
    If the s8 was also issued only a month in, it won't be valid either (thanks for confirmation GM) .

    OP your mum needs to start from the beginning again, really do consider an eviction company (through a local agent or google) as diy mistakes are just adding to your costs & months unpaid, you'll be no worse off & not have to deal with the stress
    • G_M
    • By G_M 12th Jan 18, 11:33 PM
    • 42,748 Posts
    • 49,968 Thanks
    G_M
    If the s8 was also issued only a month in, it won't be valid either (thanks for confirmation GM) .
    Originally posted by Annie35
    I hesitate to come back having messed up over the tenancy start date/S21, but regarding the S8:

    It's not been established (unless I missed that too!) which ground was used.

    S8 ground 8 requires rent tto be 2 months in arrears, but S8 ground 10 can be served at any time if there are arrears. However, being discretionary, a judge would be unlikely to evict so early in a tenancy over such low arrears.

    See Housing Act Schedule 2 (17 S8 Grounds a LL can use)
    • Annie35
    • By Annie35 12th Jan 18, 11:45 PM
    • 122 Posts
    • 83 Thanks
    Annie35
    I hesitate to come back having messed up over the tenancy start date/S21, but regarding the S8:

    It's not been established (unless I missed that too!) which ground was used.

    S8 ground 8 requires rent tto be 2 months in arrears, but S8 ground 10 can be served at any time if there are arrears. However, being discretionary, a judge would be unlikely to evict so early in a tenancy over such low arrears.

    See Housing Act Schedule 2 (17 S8 Grounds a LL can use)
    Originally posted by G_M

    Oh yes you're quite right GM, sorry my mistake. Depending on the grounds (reason) depends on the notice needed & you can use more then 1 grounds, which is handy.
    • stinky_docker
    • By stinky_docker 13th Jan 18, 8:30 PM
    • 39 Posts
    • 5 Thanks
    stinky_docker
    Reading through the points on this topic I'm certain the s.21 won't be valid, the s.8 may be (dependant on discretion/point of view, grounds defaulted on).

    I'm arranging a short meeting with a local solicitor before proceeding with a court action, a small cost before wasting more money, I'm also, dependant on the legal advice, going to investigate an eviction company.

    I don't think the tenant would pay up to 2 months to keep inside a s.8, he's 4 months in arrears and gives nothing but verbal towards my mother/his landlady, I get the sense he's done this a few times so have told her it may be the long haul and unfortunately that's the fault of her not doing things correctly.

    Thanks for the advice, I'll be sure to keep you all updated

    Andy
    • G_M
    • By G_M 13th Jan 18, 9:16 PM
    • 42,748 Posts
    • 49,968 Thanks
    G_M
    Both the solicitor, and the eviction company, will tell you to serve a valid S21, and a S8.

    Not sure what benefit there s in paying for that knowledge.

    I guess they will draw up the notices for you, which will involve them asking you all the relevant questions (did you take a deposit? is it registered? did you provide an EPC? What date did......? etc) so that they get it right.

    Using the 21 validity checker I supplied, you could do the same yourself!

    But up to you.

    Joining a landlords association is anotheer way to go.
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