tenant won't move out

jjlandlord

Werdnal wrote: »

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.

It's not cancelled, but the landlord looses the benefit of ground 8, which is a mandatory ground for possession.
This means that the decision is at the discretion of the court (unless another mandatory ground can be used), based on all the grounds invoked by the landlord, and the circumstances.

mchale

OP, once you have vacant possesion, sue her for ALL costs incurred for the eviction, also pop her name on here: http://www.landlordreferencing.co.uk/

pinkshoes

saidan wrote: »

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.....

But that's what the scheme is for! So you can FAIRLY deduct any costs to repair damage.

i.e. if the inventory states that the carpets are immaculate, then if they're dirty once the tenant moves out, you can deduct the cost of cleaning them from the deposit. If they've say burned a hole in the carpet, you can deduct the cost of replacing the carpet, depending on the age of it.

CKhalvashi

saidan wrote: »

any person with morals would have sorted the problem before they were even issued a section 21

once issued any person with morals would co-operate with the landlord and move out at the end of the section 21

the legalities are neither here nor there - we have abided by them because we are law abiding citizens with good morals - obviously we cannot say that about our tenants

the IT i made reference to, was the situation. 'The situation is in my solicitors hands'.....i have referred to my tenant as she or they throughout.

so any real reassurance here ( i expect that will only come from other landlords who have been here, spent a fortune!) ....or anyone to answer my questions without trying to make me look bad?

I’m dealing with the other side of a case similar to this at the moment.

The problem that we have here is that LL is using a right to evict, T is using their right to stay in the property, however I would like to state that it is in your best interests to do it the legal way, not just bag belongings and dump at workplace (yes, I’ve seen it all!)

It will get better, and as a LL myself, I’ve had various problems like this, however the best thing to do is remain as patient as possible in the circumstances, and limit any damage, which is why you are already going down the route you are.

Best of luck with it, and I’ll wholeheartedly admit that the T I’m working with is a nightmare, not turning up to appts etc and not paying rent, and 9/10 times even housing side with the LL (!)

At the same time though, I know that there’s a huge deficit in the area that we’re in, and also many others.

CK

BigAunty

If you read the Shelter website (designed for tenants) on the 'homelessness' section you can identify the council process for re-housing priority applicants, including the fact that they have no obligation to help someone who leaves a property when they do not have to (classed as intentional homelessness).

This gate-keeping practice (forcing a landlord to take a tenant to court to regain possession before the local council act) is quite common but the Shelter site say this should not happen.

If I remember correctly, I believe on the Landlordzone forum, a landlord took the local council to court for this practice and got their court fees refunded. This is because the local authority ombudsman (or some such similar body) issued guidance to councils saying that they shouldn't insist on landlord's gaining a court order when there is a realistic prospect that the court will give them possession. Ask the landlordzone forum members if they can quote the case and guidance.

Bring this issue to the attention of your MP and local press, not that I think this will do anything....(btw, it is a criminal offence to harass tenants so I'm not sure your local paper should print their name/address, etc).

jjlandlord

mchale wrote: »

OP, once you have vacant possesion, sue her for ALL costs incurred for the eviction

If OP wants to recover costs, he should request them to be awarded to him when starting court proceedings.
OP should also note that in the s.21 accelerated procedure, costs are capped, so even if they are awarded they won't cover solicitor's fee.

saidan

thank you for all your help

my solicitor called this afternoon - saying tenants 'law centre' person had been in touch to say she will not allow us any access to the property for any reason :cool:

jjlandlord - can I ask - What costs could I ask to be awarded to me?

BigAunty - fascinating - will have to look into this thanks!

CKhalvashi - thanks, and sorry you too are going through this

pinkshoes - re the dps, from what I hear it is a lot of back and forthing trying to agree on what damage costs to be deducted etc........

nothing i can do now till april - thank you all for your kind replies :T

CKhalvashi

saidan wrote: »

CKhalvashi - thanks, and sorry you too are going through this

I’m not facing it, but I work in housing in my free time (I’m elected to do so)

It’s one of those things in life, and unfortunately I’ve been accused of racism against various other things (being told that I only rent to ‘my own kind’ meaning Soviet nationals)

The best thing to do, as stated above, is the damage limitation method of keeping everything legal.

Another thing to mention is that if T is in receipt of HB, you can request to have it paid directly to you at the 8 weeks arrears stage.

Good luck

CK

getzls

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.

You don't know how a blockage happened. It could have been caused from the inside or outside.
Keep in repair and proper working order the installations in the property for the supply of water/ sanitation. That would include a blocked sink. I can unblock a sink, not everyone can.

CKhalvashi

getzls wrote: »

You don't know how a blockage happened. It could have been caused from the inside or outside.
Keep in repair and proper working order the installations in the property for the supply of water/ sanitation. That would include a blocked sink. I can unblock a sink, not everyone can.

That’s a definite yes!

Whether I’ll charge or not depends on my relationship with the tenant and how much of a nightmare they are on things like this (I’ve had 1 late payer in the last 12 months as a result of a job loss, and even spent a day getting her all the benefits she could claim and took her to the council to sort LHA and CTB = no more arrears and on a new 12 month. Agency sent 2 threatening letters, whilst I walked in, helped her and got the result I wanted), but what’s beyond me is those that think they can genuinely get away without paying.

I’m working with around 10 people that are either homeless or at risk of homelessness at any one given time, and most of the time, people in the situation are pleasant to deal with, however once in every so often, you get one like this, giving renters (and LL’s when they moan) a bad name.

Please consider moaning at the council when they open, and ask to speak to the Cllr for homelessness, not the housing department, as where we’re in less of a position to get you money, we can normally fire a rocket up T’s a*se without getting into trouble

CK