Evicting a tenant (Updated at post #34)

Missko

Error.
Error.

topdaddy_2

sean_30 wrote: »

That post was on behalf of someone who asked for help, maybe I should have posted 'asked by a friend'.
Anyway, the bottom line here is the lady asked what can she do about these tenants and the post has turned into judgment of my actions instead of giving her advice that she needs.

You should have distanced your self from your comments with " i knew someone that..." or similar. Now you committed a crime, confessed to it and supplied written evidence in the public domain. Thats not very smart.

Doozergirl

Hello,

I just wanted to say thanks for the advice, which was bolstering for me, and to give a bit of an update. Having been told that they would move out by the middle of January, I was inclined to give them the benefit of the doubt as I've had other things to concentrate on. I did some homework on the Section 8 and 21 etc.

However, it doesn't look like they're going anywhere, despite still saying they are. Yesterday, I sent them both an updated rent statement showing the arrears, a Section 8 notice, a Section 21 notice and I also filed a Moneyclaim online for the outstanding balance and enclosed my reference copy of the court papers to be served.

I sent four copies in all, two each to the named tenants, one sent recorded delivery via the post office and another sent fist class from a different postbox and photographed.

She's obviously just got home from work and opened the envelope as she's now bombarding my husband with text messages about how she's already spoken to her solicitor, who has told her that we need to give her "eight weeks" notice and we can't take her to court before that time is up. I did send a covering letter which quite clearly explained what was enclosed and what the reasoning was, but it seems the Moneyclaim has caught her off guard as well as the Section 8.

I would really appreciate any reassurance that I'm following the most sensible path here. I also wondered, if any of the professional landlords would be willing to volunteer check my Section 8 and 21, please? Essentially, I have used the Section 8 from communities.gov and the Section 21 from Landlordzone.

The section 8 gives until the 29th January (time for service) and the Section 21 I put for the 18th March (again time for service). I feel fairly confident I've got it right, but I don't want to find I've got it wrong later on.

Also, what's next? I apply to the court on 30th January? I will drive up to the property to see if it is still inhabited at that point.

theartfullodger

Good luck:

"bombarding with txts...": Keep a diary of any harassment: It is both a criminal & civil offence ...

Give notice of inspection on about 25th Jan for inspection 30th (in writing, keep copy): If tenant does not object turn up 30th, with a witness, see what you find: If asked to leave do so, with politeness & a cheery smile (that'll wind them up..)

Tenant or their legal adviser may be viewing

Keep us informed...

lighting_up_the_chalice

Keep the texts as well. It is further evidence that the notices have been received and read by the tenant.

G_M

Doozergirl wrote: »

Hello,


I sent four copies in all, two each to the named tenants, one sent recorded delivery via the post office and another sent fist class from a different postbox and photographed.
well that's certainly belt & braces! :T

She's obviously just got home from work and opened the envelope as she's now bombarding my husband with text messages
As advised. Keep them.

about how she's already spoken to her solicitor, who has told her that we need to give her "eight weeks" notice
ignore. You know perfectly well that applies to the S21, but not the S8 or Moneyclaim.
and we can't take her to court before that time is up. I did send a covering letter which quite clearly explained what was enclosed and what the reasoning was,
No need to respond to her texts. She'll find out when the court papers/dates arrive.
but it seems the Moneyclaim has caught her off guard as well as the Section 8.

I would really appreciate any reassurance that I'm following the most sensible path here.
Yes
I also wondered, if any of the professional landlords would be willing to volunteer check my Section 8 and 21, please? Essentially, I have used the Section 8 from communities.gov and the Section 21 from Landlordzone.


The section 8 gives until the 29th January (time for service)
Fine
and the Section 21 I put for the 18th March (again time for service).
* S21 (1)(b) OR S21 (4)(a)?
* Date of service? Date posted?
* Dates of Tenancy Periods (if S21 (4)(a)?

Also, what's next? I apply to the court on 30th January? I will drive up to the property to see if it is still inhabited at that point.

1) as artful suggests, write and advise of a routine inspection
2) attend inspection (do not force your way in though!)
3) if they write back refusing inspection, do a drive-by instead
4) apply to court on 30th re S8 (assuming they still owe 2 months rent at that time)

I'm not sure about the Moneyclaim - will that be heard at same time as S8 or will court allocate a seperate hearing? Anyone know?

Or phone the court and ask court officials.

asset2004

theartfullodger wrote: »

Good luck:

"bombarding with txts...": Keep a diary of any harassment: It is both a criminal & civil offence ...

Give notice of inspection on about 25th Jan for inspection 30th (in writing, keep copy): If tenant does not object turn up 30th, with a witness, see what you find: If asked to leave do so, with politeness & a cheery smile (that'll wind them up..)

Tenant or their legal adviser may be viewing

Keep us informed...

I'm in a similar position to OP.

If they don't answer the door for the inspection what do you advise?

I have been driving by the property, lights are not on although I can see plates on the dish drainer

Doozergirl

Gah. Typed reply, lost it. Need to go out briefly. Thanks so much for your help, everyone.

GM, it is Section 21 (4) (a)

I've just read up on this as you threw me with (a) and (b). It might be wrong then?

TA start was 12 Aug 2013. 6 months fixed term.

However, I was quite ill at the time and H had to deal with this alone, hence !!!!!! tenant. Not his fault, it would normally be me doing this. I created 2 copies of TA, asked the tenants to send back one. Guess what

Notice that if there is no TA then rent period applies. Do we assume no fixed term if I have no copy of the TA? I presume tenant will only produce TA for me in two months time if my dates and then only if my dates are incorrect.

I need to send a new S21 tomorrow if I have got it wrong. Could you clarify for me, please? Notice does not end on rent period, but is more than 2 months.

Back in a bit

kinger101

G_M wrote: »

3) if they write back refusing inspection, do a drive-by instead

Seems a bit extreme.

Doozergirl

That did make me laugh out loud!