advice on evicting tenant who is not paying rent

bigblackdog

thanks for the useful replies , will serve section 8 notice on him immediately

danothy

bigblackdog wrote: »

you need help mate , 9 -11 , reptiles ? what are you on about ?
do your kids have to go without because someone is living rent free in your house? thought not

lets see who is right here , i will have this leech out within the week or the situation will be resolved , i will keep you posted make sure you subscribe , nighty night

bigblackdog wrote: »

thanks for the useful replies , will serve section 8 notice on him immediately

I feel like I've subscribed to this thread for nothing now. I wonder if I can get my money back ...

bigblackdog

lol a week may have been optimistic , we'll see

pimento

Tenant. Not Tennant. Tennant is a make of lager.

N79

bigblackdog wrote: »

thanks for the useful replies , will serve section 8 notice on him immediately

On the basis that you have gotten your anger out of your system and are ready to do things properly then I'll join this thread.

The first thing you need to do is to create a statement of account for this tenancy. This should list all the rent due dates since the start of the tenancy, the rent received and outstanding balances.

Then you need to identify how much rent is currently unpaid (note unpaid, not in arrears). If at least two months rent is unpaid then you can use Section 8 Ground 8, the mandatory possession ground. If not, then you will need to wait until the tenant has 2 months rent unpaid before using Section 8 Ground 8. If you are unsure whether ground 8 can be used then feel free to post the rent statement and I (or another poster) will tell you.

You are also going to want to serve notice on Section 8 Grounds 10 and 11 as backup in case the T defeats the Ground 8 notice by paying of some of the arrears on the day of the possession hearing. Note that these are not mandatory grounds and the court may decline to give you a possession order on them.

Your actual notice should include the text of the notice grounds exactly as they appear in Schedule 2 of the 1988 Housing Act as amended. The notice period for a Section 8 G8,10,11 is 2 weeks from date of service. You should also include a paragraph on your notice saying something like.

"IMPORTANT - DO NOT IGNORE: This notice is the first step in requiring you to give up possession of your home.

If you require advice on your options you should seek legal advice from a solicitor, your local council tenancy relations officer or from the CAB".

Although this notice is not a legal requirement it will look very good in court. If you have to rely on G10 and G11 to evict because the T defends the G8 then looking like a reasonable, careful and caring LL makes it much more likely that the court will give you a possession order. Printing out a copy of this thread, on the other hand, would almost certainly make the courts side with the T!:D

If you intend to serve by hand then you will need a witness (as impartial as possible) who will need to complete a statement confirming service of the notice. This witness must go with you to the property and see you post the notice through the letter box. If you decide to serve by post then send two copies of the notice with proof of posting and one copy by special delivery (the normal copies are to stop the T refusing the notice by not signing for the letter). The court will assume service 2 working days after posting for first class mail (and you must use first class) but it is usually best if you allow a couple of extra days in your 2 weeks notice period (it will look good in court).

If you have any questions of queries then let us know.

bigblackdog

the letter is a template letter i have found and it includes the relevant warnings etc
and clearly states 8 grounds 10 and 11 , the advice on proof of posting was very helpful , the court will accept that the posted letters contained the notice ?

N79

bigblackdog wrote: »

the letter is a template letter i have found and it includes the relevant warnings etc
and clearly states 8 grounds 10 and 11 , the advice on proof of posting was very helpful , the court will accept that the posted letters contained the notice ?

You will need to be able to use ground 8 as well before it is worth going to court. Grounds 10 and 11 are rarely enough on their own to get possession. When will you be able to use ground 8?

If you are using a template letter, make sure you understand the correct dates to use - get these even slightly wrong and your case will be dismissed.

Are you also going to serve a backup Section 21 in case your Section 8 fails?

A court will probably accept that the letters contained the notices based on your evidence under oath unless the court decides you are a complete lying !!!!!!! - that is why appearing reasonable is so important.

bigblackdog

N79 wrote: »

You will need to be able to use ground 8 as well before it is worth going to court. Grounds 10 and 11 are rarely enough on their own to get possession. When will you be able to use ground 8?

need to check bank statements to be totally sure , prepare rent statement .
i believe i can use ground 8 now

If you are using a template letter, make sure you understand the correct dates to use - get these even slightly wrong and your case will be dismissed.

by correct dates you mean dates when rent was due and not paid , and instances where rent was late ?

Are you also going to serve a backup Section 21 in case your Section 8 fails?

no , am relying solely on section 8 ,

A court will probably accept that the letters contained the notices based on your evidence under oath unless the court decides you are a complete lying !!!!!!! - that is why appearing reasonable is so important.

how could anyone say i am unreasonable

danothy

bigblackdog wrote: »

how could anyone say i am unreasonable

Your tenant could show you are unreasonable by demonstrating that you haven't afforded him every opportunity to rectify the situation and address the concerns you have. Action of any kind on your part would only be considered reasonable if it was essentially a last resort.

N79

danothy wrote: »

Your tenant could show you are unreasonable by demonstrating that you haven't afforded him every opportunity to rectify the situation and address the concerns you have. Action of any kind on your part would only be considered reasonable if it was essentially a last resort.

This is crap. LL's have every right to use the eviction processes available to them. There is nothing unreasonable with serving notices and evicting Ts.

LL's are not part of social services and owes Ts nothing beyond the tenancy and the T's legal rights. If T's don't pay their rent, it is perfectly reasonable for a LL to evict at the earliest (legal) opportunity. There is no obligation for a LL to consider payment plans or payment holidays. A court will not consider this unreasonable.