Advice needed please - LHA S21 nightmare

fumken

Following my previous posts, my LHA has been evicted under S21 by Landlord action. The final day is the 7thof May and she has told me that I would have to seek a possession order after I refused to give her the deposit before moving.
She stopped paying rent and now owes me £2,300. The estate agents who brought her in have gone under and although I fished out the former "MD" in another estate agency, he claims he left the business for "his partner" and the virtual office they seem to have been using is unreachable.

Now, I found the Homelet insurance policy they claimed to have made only yesterday and I called them. They say they will only pay if notified within 31 days. She stopped paying rent in advance on the 29th of March, so I am already over. I explained the circumstances and they sent a form.
I have also notified council and guarrantor - whose response was a cold "duly noted".
Is there anything else I can do?
She is hoping the eviction will take about 6 months and Landlord action say it takes about 2 weeks to get a court date.
Thank you in advance for your advice.

franklee

"She has told me that I would have to seek a possession order" - correct if she doesn't move out voluntarily you have to get a possession order. Has she moved out or not, you say she has been evicted yet it also reads like she is still in residence so I can't really follow your logic.

"Is there anything else I can do?" Join a landlord's association, like the National Landlords association. You will get more detailed help there which IMO is essential as you seem vague on the basics. I've read some of your back threads on this and it was suggested you do this ages ago.
http://www.landlords.org.uk/

It sounds like the tenant knows the ropes better than you do which isn't a good thing as she will know how to spot any mistakes you make.

If you continue using landlord action you should be all right as they seem to be well regarded about the landlord's forums.

I take it you checked all of the deposit was put in a scheme and didn't just take the agent's word for that? Especially after the confusion over how much deposit was paid:
http://forums.moneysavingexpert.com/showpost.php?p=28038953&postcount=5
Also you didn't answer this post about the deposit:
http://forums.moneysavingexpert.com/showpost.php?p=30928283&postcount=10
I mention this as it's vital to have protected the deposit in full and given the prescribed information if you want your S21 to work.

frank.hopper

fumken your post is a little confusing!


Homelet insurance are unlikely to accect your claim given the time period, pursue the guarantor. You should keep them informed thoughout this legal action and make peroidic claims on the guarantor relating to any future non payments, hopefully they will pick up the tab.

fumken

Hi,
Thank you.
I am sorry I have not been able to reply earlier. Challenges are swamping me. I meant S21 as "eviction" - "told to leave" not that she has left.Yes she is a professional at this and I am the novice. I agree. Children should not play with fire! and once this is over I will be seling.

I have been told by the Homelet insurance that they will take up my claim, but as the agents have disappeared they will deal with me only on a leagl action basis, paying no rent back. They say S8 will be their only option and that the advantage is that I can also get judgement for the money she owes me.
My only decison is now whether to see the Landlord action s21 through or start a fresh S8.
Confused.com- Thats me.

Wee_Willy_Harris

fumken wrote: »

Hi,
Thank you.
I am sorry I have not been able to reply earlier. Challenges are swamping me. I meant S21 as "eviction" - "told to leave" not that she has left.Yes she is a professional at this and I am the novice. I agree. Children should not play with fire! and once this is over I will be seling.

I have been told by the Homelet insurance that they will take up my claim, but as the agents have disappeared they will deal with me only on a leagl action basis, paying no rent back. They say S8 will be their only option and that the advantage is that I can also get judgement for the money she owes me.
My only decison is now whether to see the Landlord action s21 through or start a fresh S8.
Confused.com- Thats me.

S21 and S8 can BOTH be used. In fact, it's often wise as a belt and braces measure.

HAVE YOU COMPLIED WITH DEPOSIT PROTECTION?

Wee_Willy_Harris

I've just read through your other posts. I think your legal options have been made clear enough, and landlordaction are assisting as well. But do you want some real world options?

fumken

Thanks. I have an idea of my legal options by reading not only mine but other posts.I PAID LL action and they have served S21, BUT Homelet insurance are willing to go through S8 and say I can only do S8 or S21 not BOTH. So my thoughts are should I continue with S21 or drop it and go for S8 since they say I will also be able to claim my arreas and that S21 will not make for that.
Kind regards.

princeofpounds

They are wrong. You should be able to serve both S21 and S8 notices.

Wee_Willy_Harris

princeofpounds wrote: »

They are wrong. You should be able to serve both S21 and S8 notices.

Agreed.....

clutton_2

if you serve a section 21 and a Section 8 to the tenant on the same day you will have to wait 2 months to apply to court for a S21 hearing and two weeks to apply for a S8 hearing.... BUT the tenant may get to the S8 court hearing pay in all the outstanding rent and the case will be thrown out by the judge.. then you still have the S21 hearing to fall back on....

Mankysteve

You do need to tell is wherever the deposit was protected or not(unless they been in there before 2007) ?