Evicting tenant - do I need a court order?

BigAunty

I_have_spoken wrote: »

If the woman gets herself up the duff, they could be living rent free for 18 months easy so long as she weeps pitifully at the court

Not really.

If a possession order is given by a judge,it usually comes into effect in 14 days but I believe the tenants can submit a justification to extend it up to 42 days.

Yes, there's notice periods, waiting times to go to court and the odd extra step if the tenants don't comply. Also, there is the risk of the landlord submitting bad paperwork and having to go through the process again.

But 18 months, no. Where did you pluck that figure from.

Pregnancy would at most extend the date the PO takes affect by an extra 3 weeks if the tenants ask for extra time and if the judge accepts their request.

martindow

sarah1980 wrote: »

Thanks all. I should add that neither tenant is a British Citizen (although they are both EU Citizens) not sure if that makes a difference.

It won't make any difference to evicting them but it could make it more complicated if you decide to make a claim for the money you are owed. If they move back to another EU country there is a process for claiming within the EU

https://www.gov.uk/recover-debt-from-elsewhere-in-european-union

but it may be much more complicated to obtain or enforce any judgement.

thesaint

RAS wrote: »

Why use section 8 anyway, which could easily be scuppered by paying down the debt, when a section 21 notice requires mandatory approval?

I am not suggesting the OP uses a Sec 8.
I have found it's always best to know the facts when making a decision.

outofmoney

The council are very unlikely to turn them away with young children. They may not get a big house but they would get a roof over their heads and been in 'the system'. They would be classed as over crowded and soon become priority for a house. Sadly this is why ones like myself (private renter who pays full rent on time) have been waiting on the list for years.

Chances are when their HB was stopped this was all explained to them which is why they are acting they way they are as they are deliberately trying to get evicted.

I am no expert on these things, being a tenant not LL, but I would certainly go with those who know their stuff and issue an S21. It may take months but it's the only way you will get your house back to rent out to a family who will pay the full amount.

Out of interest is your rent considered low/average/high for the area? If it is not the lowest have you suggested they find somewhere more affordable?

sarah1980

Thanks, it is about average, they are just outside Manchester and pay £525 PCM 2 bed F/F. I doubt they would find cheaper locally.

pinkshoes

I think you should play this to your advantage.

Tell them that as they have rent arrears, then they will be seen by the council to be making themselves homeless and won't get a council house, so...


... if they pay off all the rent arrears and keep paying the full rent each month, you will issue and S21 (no fault) eviction notice, then they need to keep paying rent until bailiff eviction. (Takes ages, but you get rent coming in).

Or...

... if they don't pay off their rent arrears, you'll have to issue an S8, where the council will think that they have made themselves intentionally homeless through not paying rent, and not rehouse them.