Evicting tenant - do I need a court order?

poppysarah

You could also point out that the council may not house them if they're being evicted because of rent arrears.

http://england.shelter.org.uk/get_advice/money_problems/rent_arrears/eviction_for_rent_arrears
You could print that out and highlight the relevant bit.

Although your council might be a soft touch and have heaps of social housing available.

kirkbyinfurnesslad_2

I just think you need to know what you are doing before you start doing it, otherwise it will only come back to bite you.
People are a lot more knowledgeble on their rights these days (thanks google)

So you have to play the game by the rules, in soap land yes they chuck people out on the street in Walford the next day

But we dont live in Walford

pmlindyloo

poppysarah wrote: »

You could also point out that the council may not house them if they're being evicted because of rent arrears.

http://england.shelter.org.uk/get_advice/money_problems/rent_arrears/eviction_for_rent_arrears
You could print that out and highlight the relevant bit.

Although your council might be a soft touch and have heaps of social housing available.

If your tenants will not surrender their tenancy then you have no option but to issue with either a Section 8 or a Section 21 as explained above.

As well as their authority not rehousing them because they have made themselves intentionally homeless, they may also not rehouse them because they are both working and the authority may expect them to find private housing.

How much is their rent? How much are their arrears? How much is their deposit? Is their deposit protected?

Your tenants may be pulling a fast one and have not contacted their council but just 'read about' needing to be evicted before they are rehoused and have not taken into account other factors such as rent arrears and both being in full time work.

You may need to consider a compromise depending on the amount of rent arrears - could you afford to give them their deposit back for a deposit on a new place and write off the arrears? Might be better than waiting for 3/4 months and their owing more rent.

sarah1980

Thanks for all your replies, some helpful and some just plain rude. I love it when people advise you what you should've done.

Anyway, I think the best way forward is to wait until they are 2 months in arrears and serve the section 8, giving them 2 weeks' notice to move out (see! Even though it's not a soap opera!). This seems quicker than serving the section 21 and waiting 2 months while they live rent free. They only have about 2 weeks to go before they are 2 months in arrears anyway.

ognum

kirkbyinfurnesslad wrote: »

I just think you need to know what you are doing before you start doing it, otherwise it will only come back to bite you.
People are a lot more knowledgeble on their rights these days (thanks google)

So you have to play the game by the rules, in soap land yes they chuck people out on the street in Walford the next day

But we dont live in Walford

I agree with the OP she has come on here for help, clearly she does not have as much knowledge as she should but she appears to be a caring person who has set out to try and help her tenants.

She just wants some advice not to be belittled.

OP issues an S21 if they do not vacate then you will need a court order, my guess is they won't so you will have to go down the legal route to get your property back.

I assume you have protected their deposit in one of the schemes?

Good luck

[Deleted User]

sarah1980 wrote: »

giving them 2 weeks' notice to move out

Please follow artful's advice and join a landlords association, you're still missing key components of the process. If you get even the tiniest part of the process wrong it can set you back weeks/months. The only way to get tenants out of a house is through the courts, unless they agree to leave.

Pixie5740

sarah1980 wrote: »

giving them 2 weeks' notice to move out

Is that a typo?

Tenants can only be legally evicted when there is a court order.

rpc

Bear in mind that the council will probably want to see the notice and may advise the tenant to stay put if it is defective.

You don't sound like you know what you are doing, you probably need support from a landlords association. Spending a little money (tax deductible as a business expense!) to get this right first time and have a nice clean end to the tenancy would be a very good idea.

jjlandlord

rpc wrote: »

Bear in mind that the council will probably want to see the notice and may advise the tenant to stay put if it is defective.

They will advise the tenant to stay put until bailiffs evict them in any case... Unfortunately.

RAS

sarah1980 wrote: »

Thanks for all your replies, some helpful and some just plain rude. I love it when people advise you what you should've done.

Anyway, I think the best way forward is to wait until they are 2 months in arrears and serve the section 8, giving them 2 weeks' notice to move out (see! Even though it's not a soap opera!). This seems quicker than serving the section 21 and waiting 2 months while they live rent free. They only have about 2 weeks to go before they are 2 months in arrears anyway.

We would much rather tell you what you need to do now rather than tell you in the future that you should've understood that the above statement is boolocks.

Firstly, which country are you in, as Scottish law is different?

Are the tenants in a fixed term or periodic tenancy? If fixed, when does it end and when was the start date? If periodic, when do the rental periods start and end?

Do you understand that there are several S8 clause under which you serve notice of court action?

Your tenants can easily scupper the notice issued on the grounds of 2 months owing by paying it down until they are £1 under the £2xrent on the morning of the case.

Is the deposit properly protected and was the prescribed notice sent within the 30 day limit?

Do you have an up to date gas Safety Certificate?