Evicting a tenant ..section 21 and section 8 notices

56cheffy

I have tenants who are now 4 months in arrears, which amounts to over £2500.

I have been very patient and understanding with them after they continually kept promising to pay up, but never did.

I served a section 21 on them on 19th December 2013.

Can I now serve them a section 8 notice to start to try and recover the money owing to me or do I have to wait until they have vacated the property?

I understand that the day after the section 8 notice expires I then have to complete both Court forms N5 and N119.

I also understand the correct procedure with regard serving the notice.

If/when this goes to court will I need legal representation?

Thanks in advance for any advice.

thesaint

Sec 8 and Sec 21 are independant of each other.
Serve a Sec 8 now.

When did/does the fixed term end?

You do not need legal representation. If you do get it, it is unlikely the tenant will be made to pay for the costs of such representation.

56cheffy

By the fixed term I assume you mean the Shorthold Tenancy agreement. It was renewed last May.

The husband has not been replying to my calls or texts.

They are a Russian family who have been living and working here for over 6 years.

I went to the house to talk to him, he wasn't there. I spoke to his wife who informed me that he had left the home, leaving her with 3 children, aged 5, 15 and 17.

She is a lovely lady and I really do not want to evict them, but see no other option.

I have advised her to see Social Services to see if she qualifies for Housing Benefit, she is waiting to hear from them.

If she is successful I have no problem with her staying and would issue her with a new contract in her name, if that is legal!

I feel I have more chance of retrieving my money if she is still at the house!

Thanks

thesaint

56cheffy wrote: »

By the fixed term I assume you mean the Shorthold Tenancy agreement. It was renewed last May.

So, in answer to my question...

Guest101

56cheffy wrote: »

By the fixed term I assume you mean the Shorthold Tenancy agreement. It was renewed last May.

The husband has not been replying to my calls or texts.

They are a Russian family who have been living and working here for over 6 years.

I went to the house to talk to him, he wasn't there. I spoke to his wife who informed me that he had left the home, leaving her with 3 children, aged 5, 15 and 17.

She is a lovely lady and I really do not want to evict them, but see no other option.

I have advised her to see Social Services to see if she qualifies for Housing Benefit, she is waiting to hear from them.

If she is successful I have no problem with her staying and would issue her with a new contract in her name, if that is legal!

I feel I have more chance of retrieving my money if she is still at the house!

Thanks

How long left on the renewed tenancy?

56cheffy

thesaint wrote: »

So, in answer to my question...

April 30th 2014

thesaint

So I assume it was a 12 month/year tenancy from the 1st May 2013.

Your Sec 21, would need to expire any date from the 1st May 2014.

Use this form.S21_1_B.pdf (application/pdf Object)

Does your tenancy agreement allow you to use Sec 8 of the 1988 housing act to end the tenancy within the fixed term? If not, you are stuck with these non paying tenants for approx 6 months.

Guest101

thesaint wrote: »

So I assume it was a 12 month/year tenancy from the 1st May 2013.

Your Sec 21, would need to expire any date from the 1st May 2014.

Use this form.S21_1_B.pdf (application/pdf Object)

Does your tenancy agreement allow you to use Sec 8 of the 1988 housing act to end the tenancy within the fixed term? If not, you are stuck with these non paying tenants for approx 6 months.

What'd u mean tenancy allows, more of your rubbish?

thesaint

Guest101 wrote: »

What'd u mean tenancy allows, more of your rubbish?

"What'd u"???
Go away(and read the 1988 Housing Act) you numpty.

56cheffy

The agreement states We may repossess the property if
You fail to pay rent 14 days after it is due, whether you have been asked or not.
Any of the grounds listed in Schedule 2 of the Housing Act 1988 as amended under the Housing Act 1996 apply (these include not paying the rent, breaking the tenancy term, and causing a nuisance or annoyance or
The arrangements for us to repossess the property in Section 21 of the Housing Act apply. We need a court order to repossess the property.

56cheffy

thesaint wrote: »

So I assume it was a 12 month/year tenancy from the 1st May 2013.

Your Sec 21, would need to expire any date from the 1st May 2014.

Use this form.S21_1_B.pdf (application/pdf Object)

Does your tenancy agreement allow you to use Sec 8 of the 1988 housing act to end the tenancy within the fixed term? If not, you are stuck with these non paying tenants for approx 6 months.

They have been at the property for about 3 years, the agreement was renewed due to a rent increase.