Eviction advice needed

Jowo_2

I've browsed the thread at Landlordzone and it's broadly similar in terms of advice given as to that given here. Namely that action has to be taken to gain possession of the property back against the named tenant who absconded without giving proper notice which can then be enforced against the occupant they've left behind. Also that an S8 should be served by your solicitor to speed things up.

Instruct your solicitor to issue an S8 (assuming the original tenant should pay monthly and owes 2+ months rent?) and understand why this is considered a quicker route than the S8. Here's some info here


http://www.landlordzone.co.uk/section-8-notice.htm

How much rent is owed by the original tenant in terms of missed rent payments and what is their rent period (monthly, 4 weekly, weekly?)?

If you don't have confidence in your current solicitor, find a new one for the S8 document and give them a copy of the S21 and correspondance from the previous one.

HeatherH

Over 2 months rent is definitely due, and from what my dad's told me, they've made various changes to the property and have got junk EVERYWHERE, so a S.8 could be served on various grounds. I would get my dad to make a claim against them for the changes and damage as there is no physical possibility to get the property back in it's original state (even bar wear and tear), but we know neither of them practically no money so that would seem to be a fruitless venture.

Nothing has been served yet, we've gone with a biggish company (helped with a custody case a few years back) and there are a number of property solicitors within the place, so we're hoping that it's just a case of S.8 and bailiffs (we know he wont go without a fight)

Thanks for the advice once again Jowo, will keep everyone posted

HeatherH

General update is that the tenant has moved back into the property with the friend/bf that shouldn't be there. She keeps saying money from the council will be sorted even though my dad hasn't seen a penny of it and so is way over 8 weeks in arrears now.

The s.21 expires on 23rd September, we can't see them moving out, as the tenant and friend don't seem to realise that my dad just wants them out now.

What is the worst case scenario, we know that we're likely to have to go through the courts for possession, but this is where my knowledge stops, how much can the tenant appeal these proceedings.

My dads also worried that once the tenant + friend has been removed, that at some point he'll try to break back in again and claim squatters rights. Is that even possible?

Trying to cover all scenarios of what could happen, just so we're prepared.

Thanks again

Jowo_2

Contact the local council to have the housing benefit/Local Housing Allowance paid directly to the landlord which they can do if 8 plus weeks rent is owed, i think. Check with them anyway.

Has an S8 been served? Didn't the original tenant owe 2 months rent quite a while back?

The only way to prevent squatters (any squatter, not just the previous tenant) is not to leave the property unoccupied. Can you or your father live in the property? If not, you will need to look into a house sitter or property guardian and pay for it to be protected. It's easier to get a squatter out than a tenant, though, I believe.

If the S8 and S21 documents are correctly served and correctly filled in (many are thrown out in court for being incorrect, such as wrong dates, etc), then the judge must award possession to the landlord - there's no discretion on their part. The only thing the tenant can influence is an extension to the date that the possession order takes effect, staying it by a few weeks. If they pay down the rent arrears below 2 months, this will affect the success of the S8 but not the S21 which is known as a 'no fault notice' (i.e. the landlord doesn't have to provide a reason).

If the tenants have not left, returned the key and removed all their belongings, then you must book a court case when the notice expires. This may take a month or so depending on court waiting times. Then if judgement is made in your favour, the tenants will get a couple of weeks there until the court order take effect, unless they've asked for extra time and convinced the judge why they can't leave for a few more weeks. Then if they ignore the court order, you then return back to the court to request court appointed bailiff's enforce it and depending on the waiting times for their service, this might be a few weeks. This is where they'll turf the tenants out, using the police as back-up if necessary, and change the locks. This is the possession process

http://www.landlordzone.co.uk/Possession.htm

Here are a couple of links for you so you understand what to do if the tenants abscond in the meantime or if they leave their belongings in the property.

http://www.landlordzone.co.uk/legal/abandonment.htm
http://www.landlordzone.co.uk/uncollected_goods.htm

HeatherH

Jowo wrote: »

Didn't the original tenant owe 2 months rent quite a while back?

Quick note - Yes there was a time that they owed about a years rent
(apprently waiting for an insurance pay out), I mentioned this to the solicitor, and she said that it wouldn't stand as the landlord had left it so long, and that by leaving it, he was okaying the situation.

S.8 has not yet been served, currently waiting the next move of the solicitor. Will definitely have a read through of the links. Thanks

Jowo_2

Other people can verify the likely timescales but based on an S21 approach it could be something like the following which largely depends on if the notice has been correctly served,the waiting times for court and bailiffs, so the timelines here are very rough. Does this fit with what your solicitor has advised?

1. Notice expires on 23 Sept and tenant doesn't leave. Apply for possession order at the court on 24 Sept.
2. Court case for possession takes place late Sept. Judgement made in landlords favour.
3. Possession order takes effect late Oct.
4. If tenant still doesn't leave, Apply to court for bailiffs. Bailiffs evict in November.

HeatherH

Just a bit of an update.

Section 21 expired yesterday, named tenant seems more bothered about sorting her HB with the council, than the fact she's going to be evicted. Solicitor has been instructed to sort out the section 8. So it's just more waiting to see what happens.

N79

I'd forget the S8. Just complete form N5B tonight and hand it in to your local court tomorrow. Its a fairly simple form - no need for a solicitor to fill it in although you can get them to check it if your worried. This will save a few pounds. If you concede a 28 day possession order (if required) (Q11) and don't go for costs then it should go through the accelerated procedure and, with a bit of luck, you will have your possession order for either 14 or 28 days in a month or so.

HeatherH

If I could get my dad to do the legwork himself that would be fantastic, but he's so worried about complications with the procedure, that he'd rather spend money on someone that supposidly knows what they're doing.
Will keep everyone updated x

HeatherH

Section 8 was served, and the judge awarded possession from the 29th October 2010, but... the tenant has put in a defence, the solicitor doesn't have a copy (she's trying to get one) so we don't know what they've said, there's going to be a hearing on the 28th, so we'd like to know what to expect. Solicitor says that if she recieves the defence before the hearing date, my dad wont have to attend (I've told him to attend anyway as he's not to sure of the solicitors abilities). My dads just hoping they're just requiring an exstention on the repossession so they can remove all their rubbish, sorry posessions.

So what actually happens at these hearings?
Thanks