tenant won't move out

BitterAndTwisted

OP would you care to give us the dates on the original tenancy agreement and the date the Notice was served?

A Section 21 Notice is also known as a "no fault notice" so you don't need to elaborate on the tenant's many deficiencies or transgressions, just that the tenant was not still within their fixed-term and that the deposit was correctly protected.

pinkshoes

saidan wrote: »

Tenant is saying the council will not house her because if she moves out she is making herself homeless - is that true?

Yes, councils advise the tenants to stay put until the bailiffs turn up, so it's a VERY lengthy process. The tenant also has to continue paying their rent.

saidan wrote: »

Tenant is also saying that they will not allow letting agents etc in - despite me giving more than 24hours notice. We have to go there tomorrow and they are so far saying they will not give access.

The tenant is entitled to quiet enjoyment of the property. You have NO RIGHT to enter for anything other than an emergency.

saidan wrote: »

Bond is protected in scheme - at the end of all of this (when they have with-held rent following the section 21, caused damage to the property, and caused me a huge bill to take it through court) will they simply be able to just get the full bond back?

I would explain to the tenant that if they have withheld rent and are thus in rent arrears, that the council will not re-home them, and that unless they pay you the missing rent immediately, you will inform the council of their rent arrears.

If you have an inventory signed by the tenant at the beginning of the tenancy, and can prove the damage wasn't there, then you can use the deposit to pay for repair. If it comes to more than this, you'll have to chase them through court for it.

saidan

molerat wrote: »

Just hope that your S21 is issued correctly and is watertight.

It was all done though our solicitor so it should be fine - thanks!

saidan

BitterAndTwisted wrote: »

OP would you care to give us the dates on the original tenancy agreement and the date the Notice was served?

A Section 21 Notice is also known as a "no fault notice" so you don't need to elaborate on the tenant's many deficiencies or transgressions, just that the tenant was not still within their fixed-term and that the deposit was correctly protected.

original tenancy in september - 6 months
the solicitor issued the section 21 in february the date the rent was due
the section 21 will run out in april

the solicitor will start the ball rolling for a court possession order on the date in april it runs out (if they haven't moved out by then)

saidan

pinkshoes wrote: »

Yes, councils advise the tenants to stay put until the bailiffs turn up, so it's a VERY lengthy process. The tenant also has to continue paying their rent.

The tenant is entitled to quiet enjoyment of the property. You have NO RIGHT to enter for anything other than an emergency.

I would explain to the tenant that if they have withheld rent and are thus in rent arrears, that the council will not re-home them, and that unless they pay you the missing rent immediately, you will inform the council of their rent arrears.

If you have an inventory signed by the tenant at the beginning of the tenancy, and can prove the damage wasn't there, then you can use the deposit to pay for repair. If it comes to more than this, you'll have to chase them through court for it.

we have a signed inventory - just don't know if the deposit protection scheme will allow us to keep the repair costs without a lot of fuss.....

saidan

BitterAndTwisted wrote: »

You engaged a plumber to unblock a sink? That's one charge I would be adding to the deductions from her deposit. She blocked the sink, she pays. Blockage outside the house not caused by the tenant? You pay.

i am too nice - sob story and we fix it :mad:

theartfullodger

saidan wrote: »

thanks for the input

...

Not at all, always happy to help...

i can't believe that the tenants would allow their children to be exposed to a bailiff removing them from the house eventually - ...

Highly unlikely: Most tenants in such circumstances leave the day before bailiff is coming...

reading now on the council housing website they cannot be rehomed if they are being evicted for anti-social behaviour - so now i understand why she is saying they will not be rehoused

.. ah, interesting: So you are saying tenant has been ASBO-ish?? Well, I fear your Solicitor (he is a specialist in Landlord/Tenant law, not just some high-street generalist??) has taken the wrong route, and one that will take unnecessarily long. S21 is the "no fault, Innocent tenant" route.., 2 months+ notice then months through court... so he disnae think mentioning ASB worth while??

Section 8 Ground 14 (see...
http://www.legislation.gov.uk/ukpga/1988/50/schedule/2
)
is usually considered the relevant one for ASBO-ish behaviour. Having been served you can apply to the court for possession IMMEDIATELY.. - albeit it's discretionary possession..

Of course there may be the moral dilemma, but you've made clear earlier in your remarks about morals where you stand, four-square & honourable, aye....
- Option 1: Take the S21 route, tenant may be rehoused as "no fault" eviction.... (but there are other conditions & usually no available accommodation anyway..)
- Option 2: Take S8 Ground 14 route - tenant will not be rehoused due to ASB...

I look forward to hearing of your S8G14 action shortly.. Could start court action this afternoon....

Cheers!

Artful

RabbitMad

If the tenant has stopped paying rent, tell her to pay up or you will issue a section 8 notice and evict via that route, and then she will be intentionally homeless and the council won't help.

Tell her to pay rent and help you out and you'll help her be evicted in the proper way so that the council take care of her.

Werdnal

RabbitMad wrote: »

If the tenant has stopped paying rent, tell her to pay up or you will issue a section 8 notice and evict via that route, and then she will be intentionally homeless and the council won't help.

Tell her to pay rent and help you out and you'll help her be evicted in the proper way so that the council take care of her.

Section 8 is an option, but tenant only has to reduce their arrears to less than 2 months total rent owing before the court date and its cancelled. S21 is more long winded, but if served correctly, is guaranteed possession.

As OP is using solicitor, they could ask their advice on whether a S8 is worth it, but it will add additional costs to the solicitor's bill, so may not make it a valid option.

By the way, I would never advise anyone attempting to evict to take a treatening tone towards their tenant however tempting it might be. Tenant will cry harrassment and cause even more trouble!

recession

In response to costs.

I have (so far) done the forms myself, and paid £175 for court fees (I subsequently found out it can be cheaper is you go online via pcol) and just now have paid £110 for the N325 form which is for the baliffs.

The real cost is the months of no rent for me, not to mention the stress - just want this nightmare over.