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problem tenant taking me for a ride
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Can you scan a copy of your notice / letter that you served?0
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I'm curious about the 'asylum seeker' part of your post. Is she officially an asylum seeker and under the care of NASS? If so, there is a huge can of worms there waiting to be opened...anyway, I digress...
....other posters have given you good advice here. You have to have all your loose ends well and truly tied up officially, and all your dates on notices etc accurate and precise before you go the court route. Follow the set routine to the letter...take as much advice as you can and need. Good luck with it...there'll be quite a few lurkers on here that will be very interested in the outcome.
PS One of the best things I've done recently is sack the Abbey!0 -
Gorgeous_George wrote: »You need to serve notice correctly. I recommend you join a LL's association and seek their advice.
Personally, I'd be happy to do time if my tenant treated me like your tenant has treated you.
GG
That doesn't sound very productive. If a tenant doesn't pay their rent for six months, you'd be happy to spend six months in prison. Hmmmmmmmm, not sure you've got this worked out properly.0 -
6 months in arrears!
Serve a section 8, either she has to find 4 months rent before the court date or you will be granted possession. If she's got enough money to pay solicitors, she's got money for the rent!I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0 -
The solicitor's letter has the Community Legal Service mark so it is likely the solicitor is providing community legal service advice, most likely legal representation rather than legal help, which would not cost the tenant anything.0
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The only thing you've done wrong is to fail to issue a Section 8 notice with the correct dates and/or started the proceedings on the wrong date. That's all her solicitor is saying. The solicitor knows that if you follow the correct procedure, you can get her out - but it may require bailiffs to do that.
Nevertheless, get proper advice. Either join a LL's association or see a solicitor yourself.
You will need to "start again" with whole process and consider issuing a S21 notice, for her to quit at the end of the AST.Warning ..... I'm a peri-menopausal axe-wielding maniac0 -
Just looking at your contract - have you issued a S21 notice yet? (That's the one saying you need the house back at the end of the fixed term) You can claim possession on more than one ground at the same time - you may have issued a S21 whent he tenancy was signed as some landlords do this straight away so they are covered.
I think you need to give 2 months notice so if not it needs to be done straight away. Others will correct me if this is wrong but if issued today you'd have to give until Dec now as its 2 months ending on a rent day? (so as rent day is 5th of the month you'd have to give until 5th of month to leave so earliest now would be 5th Nov). Please double check that on some of the landlord websites but from memory it is correct.
Might be worth doing as well as the S8 one for being late as then when it does get to court (will be after then anyway now) you willl have more than one ground for possession.
I do really feel for you - it isn't fair but the ball really is in your court now - issue the notices correctly and you'll get your house back much quicker otherwise she'll string it out for longer.
MMC:j MFiT Club Member 14 :jMortgage Outstanding 01 April 2007 - £51,051 :eek:
Mortgage Outstanding 25 February 2009 - £NIL :rotfl:
Savings 01 April 2009 - £1,522
Paid off 19 years 8 Months early - Original Mortgage £63,000 October 2003 - 25 year term0 -
obviously never visit without a 3rd party in attendance, or she'll be crying rape. and expect her to get pregnant and be weeping and wailing in court - 'will no one think of the children' to avoid eviction.0
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minimoocow wrote: »- you may have issued a S21 whent he tenancy was signed as some landlords do this straight away so they are covered.
Not if the section 21 was served before the deposit was protected in a scheme, it seems. If you issued a section 21 before the deposit was protected in a scheme, can you just issue another one to be safe?RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
Read the sticky on the House Buying, Renting & Selling board.0 -
Is she just angling to get a council or housing association flat? she needs you to evict her to be eligible. So you are doing her a favour by evicting her.Your conscience is clear.tribuo veneratio ut alius quod they mos veneratio vos0
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