Help, with tenant, want him out, No TA

clutton_2

What do u all mean when u say they can be worded incorrectly

HOW MANY MORE TIMES

Judges throw out Possession Cases every day of the week because ignorant amateurs like you

a) dont know what they are doing
b) are happy to put other peoples lives at risk by not checking out gas equipment and
c) are too bloody mean to join NLA to get proper legal advice from them

i give up

if you get the papework wrong YOU WILL NOT GET THE TENANT OUT BECAUSE THE JUDGE WILL THROW OUT YOUR CASE

JOIN NATIONAL LANDLORDS ASSODCIATION AND GET THEIR HELP
JOIN NATIONAL LANDLORDS ASSODCIATION AND GET THEIR HELP
JOIN NATIONAL LANDLORDS ASSODCIATION AND GET THEIR HELP

tbs624

clutton wrote: »

.....If you go to a solicitor it will cost you at least £1000

It will not cost a grand for the OP to get valuable initial advice from a legal professional about the whole sorry mess. He can then make a decision on how competent he feels to do what is necessary, with guidance from LL Law, LL Action or one of the LL associations

Colincbayley

clutton wrote: »

What do u all mean when u say they can be worded incorrectly

HOW MANY MORE TIMES

Judges throw out Possession Cases every day of the week because ignorant amateurs like you

a) dont know what they are doing
b) are happy to put other peoples lives at risk by not checking out gas equipment and
c) are too bloody mean to join NLA to get proper legal advice from them

i give up

if you get the papework wrong YOU WILL NOT GET THE TENANT OUT BECAUSE THE JUDGE WILL THROW OUT YOUR CASE

JOIN NATIONAL LANDLORDS ASSODCIATION AND GET THEIR HELP
JOIN NATIONAL LANDLORDS ASSODCIATION AND GET THEIR HELP
JOIN NATIONAL LANDLORDS ASSODCIATION AND GET THEIR HELP

Ever feel like you are banging your head against a wall??

I've got a few spare bricks it you would like them;)

clutton_2

""It will not cost a grand for the OP to get valuable initial advice from a legal professional about the whole sorry mess.""

of course it wont - but once the solicitors have dealt with the entire case, S21/S8, N27, attandance at the hearing, bailiffs application, etc etc etc OP will be VERY lucky to have change out of a £1000 - if not double


have you read Landlord-Action Small print lately ????

pinkshoes

I would phone up the LHA on Monday to see what sort of tenancy agreement they've been given by the tenant, and if you could have a copy of it.

As others have said, GET PROFESSIONAL HELP filling in the S8 or S21, as if you so much as put a full stop in the wrong place, it can be thrown out of court, and you'll have to start the procedure all over again.

princeofpounds

Clutton is right - the OP is really starting from square one in terms of their knowledge and this is going to cause a lot of trouble.

There is also a lot of semi-suspect advice on this thread... the OP is likely to get better advice from landlordzone but it's not always explained in a full context.

OP, there is not going to be an easy way to get out of this situation. Whatever happens it is going to take time and some money. You can do it yourself if you manage to educate yourself sufficiently, but given that you are starting from a position of ignorance it probably is a good advice to get help, whether NLA or solicitor.

Here is a quick summary of some of your issues:

- You do have a tenancy agreement. This does not need to be on paper - simply permitting occupation and receiving rent is enough to create a tenancy. The judge will use a combination of paperwork and evidence of actions (such as regular payment of a certain rent) to deduce what the contract is under law. As there is no paper agreement this will almost certainly be a 'statutory AST', meaning the terms of the tenancy are the default terms set out in law, plus any adjustments that your actions or the tenant's actions imply should be considered to be in the contract.

- The above issue is complicated by the fact that there may be a fake tenancy agreement floating around somewhere which was used for the housing allowance.

- I can't help you directly with the housing allowance, but as it is being paid to you directly then it would seem the unpaid top-ups are what is being built into arrears.

- A tenant has certain rights under law. Most importantly, they can ONLY be evicted by a court order. Anything else, even actions like entering to cut utilities or remove furniture to 'encourage' them, is a criminal offence with a potential jail sentence. You should also be careful about how you communicate with the tenant, as repeated intimidating behaviour can be construed as harrassment.

- Under law, you need to serve notice on the tenant to end the tenancy. Then if the tenant does not leave you are in a position to apply to a court for the eviction order. There are two types of notice relevant for you:

- Section 21: This is a non-discretionary notice (meaning that the judge MUST award possession when it comes to court) which ends the tenancy at a point at or afterwards to the end of the fixed term. The minimum fixed term for an AST is 6 months, so a Section 21 can only be applied from that date, although it can be served earlier. You have to serve it at least 2 months ahead of the date that it applies. This is the 'slow and sure' way to get eviction.

- Section 8: This is a discretionary notice (so the judge can give a tenant with a good excuse a second chance) but can be used to evict a tenant at any stage in a tenancy. There are a number of grounds you have to demonstrate to a judge to justify this notice - the tenant might have to be 2 months overdue on their rent, or a persistent late payer, or doing various other antisocial things. This can be applied earlier than a Section 21, but is not a certain route. The tenant could reduce their overdue rent to less than 2 months five minutes before the case, or plead a sob story to the judge.

- You can serve both notices if you like. The notices must be served precisely with the right dates and wording to be valid. A wrong notice means going right back to the beginning. If you serve the notices, apply to the court and get an eviction order then you can appoint the court bailiffs. They will do the eviction some week later, and you should have a locksmith there to secure the property.

- As a landlord you have some responsibilities. Chief among these is an annual gas safety certificate, with a copy to the tenant. If you do not do this, it is a criminal offence, which is why everyone above is urging it. The tenant may block access, so you need to have proof that you tried to have it arranged - book the engineer and get a report, give at least 24hrs written notice (recorded delivery probably best for evidence). Then at least you can demonstrate your efforts to meet your obligations were frustrated by the tenant.

- If there is a deposit, you also need to educate yourself about deposit protection legislation. Failing to protect a deposit properly can invalidate section 21 notices and leave you exposed to a 3x penalty.

- Generally speaking you cannot access the property without 24hrs notice in writing. If the tenant objects, you cannot enter. The only exception to this is in an emergency, which means gas leak, fire or flooding.

That's a few things that might help set the situation in context.

clutton_2

"" phone LHA of on Monday to see what sort of tenancy agreement they've been given by the tenant, and if you could have a copy of it. ""

you will need to do this in writing.... as any request by a LL for a copy of an agreement that they are supposed to have issued in the first place is bound to be treated with suspicion by the council - and they will want everything "odd" in writing

clutton_2

well said Pop ......

socrates

pinkshoes wrote: »

I would phone up the LHA on Monday to see what sort of tenancy agreement they've been given by the tenant, and if you could have a copy of it.

At which point the Local Authority will find out the tenancy is illegal and claw the money back from the OP.

And thats after they have bored the pants off them telling them that they cannot give them any information due to 'Data Protection'

Contacting the LA is completely the wrong course of action.

This tenant needs to be given an incentive to leave and then tidy up all the mess once they have gone.

clutton_2

""And thats after they have bored the pants off them telling them that they cannot give them any information due to 'Data Protection'

not quite as clear cut as that.. DP does not apply to information which is required for a court of law

as soon as Proceedings are issued and a Case number given, OP can use that number to ask Local council for any information at all about the clalm and they have to provide it .....