Evicting a tenant (Updated at post #34)

Pixie5740

asset2004 wrote: »

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

Do you not have a key? You give the tenants 24 hours WRITTEN notice that you're coming to do an inspection. Simples.

G_M

Doozergirl wrote: »

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?Might be....

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

..... I created 2 copies of TA, asked the tenants to send back one. Guess what
So tenant might claim there was no fixed term originally? And claim if you produce your (unsigned) copy that they've never seen it before? Any other evidence? Emails discussing the term? Witnesses to verbal discussion....?

* if there was never a fixed term, then your s21 4a was the right (only) way to go (subject to dates). But 18th March expiry is wrong as not aligned to Tenancy Period (unless there was a 'Saving Clause' - see below)

* if there was originally a fixed term, which has now ended, either S21 can be used.

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

A S21 (4)(a) expiry date specified must be:
(a) the last day of a period of the tenancy;
(b) at least two months after this notice is given;

See Example S21(1)(b) & S21(4)(a) Notices here with notes.

A saving clause can be added in case you enter the wrong date eg

We give you notice that we require possession of the dwelling house known as [property address] after [expiry date]
or after the Alternative Date set out below if the Alternative Date is different. The Alternative Date is the first date after this notice was given to you which is:

• (a) at least 2 months after the date this notice was given to you, and
• (b) (if your tenancy is for a fixed term which fixed term has not ended when this notice is given to you) which is a date not earlier than the end of the fixed term, or
• (c) (if your tenancy is a periodic tenancy when this notice is given to you) which is the last day of a period of your tenancy and not earlier than the earliest day on which, apart from section 5(1) of the Housing Act 1988, your tenancy could be brought to an end by a notice to quit given to you by us on the same date as this notice.

But I'm guessing your S21 has no saving clause!

So unless the expiry date you entered on the S21 4a was the last day of a period (ie 11th of the month since tenancy started on 12th), you should serve a new S21

Use a S21 (1)(b) if you feel you can argue/prove there was originally a fixed term. Then just need 2 calender months.

Use a S21 (4)(a) if no fixed term, using date of the 11th April plus the clause above. (today is 13th Jan so you have missed the tenancy period 12th Jan to 11th Feb I'm afraid.)

Any other posters fancy checking my thinking.......?

edit: of course, with luck you won't need the S21, as the S8 will succeed.....

Doozergirl

Ok, good. What's most important is getting right. I suspect she would take her TA to CAB as she won't think about me not having signed copy, but what is important is getting it right. If the back-up is later, so be it.


She said today she wasn't paying anything until after the two months is up.

G_M

Doozergirl wrote: »

She said today she wasn't paying anything until after the two months is up.

which means two things:

1) your S8 will succeed

2) she won't pay anything aftr 2 months!

Keep us updated.

x

thesaint

thesaint wrote: »

What date did the tenancy start, and how long was the fixed term?
Was an end date of the tenancy specified?
What are the tenancy periods?

I would file a MCOL for the rent now.

I asked you these questions before. It might of got lost in the numerous off-topic posts, but did you answer?

It would have been better to get it right first time, hence the questions.

Pixie5740

thesaint wrote: »

I asked you these questions before. It might of got lost in the numerous off-topic posts, but did you answer?

Doozergirl wrote: »

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

Yes, the OP answered these questions and a MCOL has been filed which seems to have put the wind right up the tenants.

thesaint

Pixie5740 wrote: »

Yes, the OP answered these questions and a MCOL has been filed which seems to have put the wind right up the tenants.

Not to doubt you, but I have just skimmed through all of the OP's posts in this thread, but I can't find where she has stated the rental periods.

Could you point it out to me?

G_M wrote: »

which means two things:

1) your S8 will succeed

Also, her Sec 8 won't succeed if her tenancy agreement doesn't state that she can use a Sec 8 to bring the tenancy to an end.

jjlandlord

thesaint wrote: »

Also, her Sec 8 won't succeed if her tenancy agreement doesn't state that she can use a Sec 8 to bring the tenancy to an end.

It seems that the tenancy is periodic so that this does not matter.

Doozergirl

Morning,

The Section 8 has expired, if it's correct.

I've also been able to apply for judgement on the Moneyclaim this morning. I presume that a text message saying that 'the court will decide on whether I owe you or not' and 'I'll pay you at £20 a month hahaha' don't count for much.

I need to go for the possessory claim. Can't be accelerated as both copies of the TA are still with the tenant.

I'm sending a letter today re-explaining the Section 8 as she doesn't get it. Also, updated statement of rent arrears and requesting inspection on 14th February.

Texted yesterday to ask if they have moved out and received a fairly definitive reply about getting new keys on 27th, having tried for earlier, moving out on the 28th and dropping the keys to a family member of mine.

I'm inclined to believe, but I'm the trusting type. This little lady has no qualms, which makes me think that I should still spend another £250 on court proceedings 'just in case'. Or, do I wait a few days for the CCJ letter to drop and see what that does? I mean, she is easily traceable if she's still in my property.

It's like gambling on how much money to lose.

I feel a bit sick.

Tassotti

The laws need to change !

As soon as they are out, join landlordreferencing.co.uk and upload their details.

Hopefully, this episode will be over soon.

Good luck Doozergirl