Evicting Tenants

rapid82

Hi All,

First post, I've read through some other eviction threads and they have been helpful but I have a few questions:

My tenants (husband and wife) have violently split up and the wife is now left in my house with 4 children, shes going down the housing benefit route and her application is currently in progress, she doesn't work etc, so she's having to apply for employment benefits as well.

They moved in on December 1st, with a 6 month fixed contract paying on the 1st of every month, e.g. 01/12/09, 01/01/10 etc.

I personally think its going to take a long time to sort out and I'm worried that shes got no money to pay bills / food for her + kids let along the rent.

So my main question is, in order to give her a section 8 notice on arrears of rent etc, it states that it needs to be 2 months in arrears.

Shes missed February 1st payment, does this mean on the 2nd of March I can issue the section 8? or do I need to wait until April 1st? 2nd of March would mean shes missed 2 payments, but not actually lived there for 2 months unpaid, where as April 1st should would have lived there 2 full months unpaid and also owe the next rent payment, so it would be 3 payments behind.

Once a section 8 notice is sent, if there's nothing sorted within 14 days, either rent paid or she leaves then on day 15 I can initiate the process through the courts?

Thanks for your advice, just needed to clarify the arrears thing most..

R

MissMotivation

The Tenant needs to be 2 FULL months in arrears before you can serve a Section 8.

You will probably find that the claim for LHA will be sorted before then, as long as she gives the LA all the info they need and a current, valid AST. It should get back-dated too if she put the claim in as soon as she was entitled too.

No need to evict her because her Husband has left, just give her any help you can to get the LHA claim sorted asap.

Fire_Fox

There are emergency benefits payments that can be made in cases of hardship. Why not point your tenant in the direction of this website, there is loads of support for single parents and the newly separated on the Families board, and plenty of advice on cashflow on the Benefits board. Are you aware LHA is paid in arrears which means it is unlikely your tenant will catch up her rent in a hurry?

It's generally not recommended on this board to serve a section 8 because if the tenant catches up to less than eight weeks owing you have to start from scratch. If you must evict better to serve a section 21 no fault notice to quit. This is quite a basic question, are you not a member of a landlord's association?

N79

rapid82 wrote: »

Hi All,

First post, I've read through some other eviction threads and they have been helpful but I have a few questions:

My tenants (husband and wife) have violently split up and the wife is now left in my house with 4 children, shes going down the housing benefit route and her application is currently in progress, she doesn't work etc, so she's having to apply for employment benefits as well.

They moved in on December 1st, with a 6 month fixed contract paying on the 1st of every month, e.g. 01/12/09, 01/01/10 etc.

I personally think its going to take a long time to sort out and I'm worried that shes got no money to pay bills / food for her + kids let along the rent.

So my main question is, in order to give her a section 8 notice on arrears of rent etc, it states that it needs to be 2 months in arrears.

Shes missed February 1st payment, does this mean on the 2nd of March I can issue the section 8? or do I need to wait until April 1st? 2nd of March would mean shes missed 2 payments, but not actually lived there for 2 months unpaid, where as April 1st should would have lived there 2 full months unpaid and also owe the next rent payment, so it would be 3 payments behind.

Once a section 8 notice is sent, if there's nothing sorted within 14 days, either rent paid or she leaves then on day 15 I can initiate the process through the courts?

Thanks for your advice, just needed to clarify the arrears thing most..

R

Briefly, and assuming that you want rid of this T and have met your legal obligations then:

Serve Section 8 Ground 10 and 11 notice now.
Serve Section 21 notice for the end of the fixed period now.
Service Section 8 Ground 8 notice on the 2 March

Start eviction proceedings citing G8,G10 and G11 on the 16 Mar.

Keep the S21 in your back pocket in case T brings rent below 2 months (defeating G8) and the court rejects G10 and G11 (likely without the G8 and with children / violent partner etc) involved.

Remember to cite both Ts in court papers and get a judgement for possession and the missing rent. The husband may have a job that makes the judgement in joint names worthwhile.

rapid82

No need to evict her because her Husband has left, just give her any help you can to get the LHA claim sorted asap.

I am helping as much as possible, I just needed to clarify if things don't move along correctly.

I'm aware of the HB payments being end of month, that's not a problem really as long as its paid.

I understand the section 8 can be wiped out if they pay you any money, but you can back this up with the other section 8 grounds for arrears etc.

Thanks for the info N79 - thats what I needed to know, although your section 8 issue date conflicts with MissMotivation - can I do this on 2nd March or do I need to wait until April 1st?

Thanks,
R

Fire_Fox

Are you a member of a landlord's association? Serving notice is not something you want to be getting wrong.

N79

rapid82 wrote: »

I

Thanks for the info N79 - thats what I needed to know, although your section 8 issue date conflicts with MissMotivation - can I do this on 2nd March or do I need to wait until April 1st?

Thanks,
R

That is because Miss Motivation is wrong - see schedule 2 of the 1988 Housing act (which does not mention arrears).

rapid82

Fire_Fox wrote: »

Are you a member of a landlord's association? Serving notice is not something you want to be getting wrong.

No I'm not a member.

BitterAndTwisted

Crikey, a stay-at-home-mum left on her own with no income and four children to support. I couldn't see them on the streets, myself. Best to try and make arrangements for this poor woman's LHA/benefit/whatever to paid straight to you rather than the tenant directly if that's at all possible. Making her aware of the very worst outcome possible might concentrate her mind on trying to ensure she gets some funds from this partner if she can. Heartbreaking

BitterAndTwisted

rapid82 wrote: »

No I'm not a member.

REALLY? I'm shocked. If you were a member you could have got your advice from them, or you might even have had this information to hand already. Please join one immediately! You can offset the fees against your rental-income on your tax-return

MissMotivation

N79 wrote: »

That is because Miss Motivation is wrong - see schedule 2 of the 1988 Housing act (which does not mention arrears).

I'm not saying you are wrong, but, my understanding is that Section 8, Ground 8 states that the Tenant must owe at least 2 month's rent before eviction proceedings can begin.