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Help with possession order please???!!

Hi

I'm trying to complete the N5B and N215 forms and am hoping someone can help with the following questions:

1) The s21 notice was delivered by the agent and the tenant signed a document to confirm receipt - does the agent also need to complete the N215 form?

2) If the answer to 1) is yes, should the N215 and the receipt both be labelled with reference 'C1'?

3) The tenant claims housing benefit and has been told by the council that they must wait to receive a baliffs letter before leaving - I don't want to charge the tenant for the costs of going to court, instead can I claim the costs from the council as they have told the tenant to stay put?

4) Can the agent provide the cheque for the possession application costs (the cost will then be deducted from future rent receipts) or does the cheque have to be in my name?

Thanks in advance!!

Comments

  • fabs35
    fabs35 Posts: 97 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Is there a better place to ask these questions?
  • 45002
    45002 Posts: 802 Forumite
    Part of the Furniture 500 Posts Photogenic Name Dropper
    Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    fabs35 wrote: »
    hi
    1) the s21 notice was delivered by the agent and the tenant signed a document to confirm receipt - does the agent also need to complete the n215 form?
    no

    2) if the answer to 1) is yes, should the n215 and the receipt both be labelled with reference 'c1'?
    n/a

    3) the tenant claims housing benefit and has been told by the council that they must wait to receive a baliffs letter before leaving
    - i don't want to charge the tenant for the costs of going to court, instead can i claim the costs from the council as they have told the tenant to stay put?
    a) what is the link between hb and eviction? Tenant can claim till they leave (whatever the reason for leaving), but not thereafter (unless they make a new claim at their new address - which is unrelated)
    b) :rotfl:

    4) can the agent provide the cheque for the possession application costs (the cost will then be deducted from future rent receipts) or does the cheque have to be in my name?
    court will not care where the cheque comes from. However the agent cannot undertake the proceedings - only a personal litigant can do this on their own behalf, or a solicitor acting for the litigant as client.

    thanks in advance!!
    :t

    ............................................
    :t
  • booksurr
    booksurr Posts: 3,700 Forumite
    1. no

    2. n/a

    3. of course not. The contract is with your tenant not the council. The fact the council pays the tenant HB is a matter between them and the tenant and has nothing what so ever to do with you, why ever would you think the council is liable to you for YOUR costs?

    4. anyone can write provide a cheque, but the bill is ultimately yours to settle and therefore good luck with getting the agent to foot the bill ! If for cash flow purposes you want the agent to pay the bill and them deduct what they have paid on your behalf from the next rent payment, good luck with that game plan!
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Your tenant could find somewhere else to live and claim housing benefit for that property. It sounds like they might be going for social housing though and some burk at the council has put them in a holding pattern by advising your tenant to wait until bailiffs turn up to huckle them out the property and then the council will find somewhere for your tenant to live instead of doing it now.

    None of this really matters to you though with regards to the possession application costs though. It's nice you don't want to pass these costs on to the tenant but the tenant has options to avoid paying them (finding another private rental or sticking a rocket up the council's backside).
  • @ G_M and booksurr

    Thanks for your replies

    Re Q3), perhaps I wasn't clear - I was querying whether the court costs of £280 could be claimed from the council given that they are the ones insisting that a court order is needed before they can rehouse the tenant.

    @ Pixie5740

    I think that is exactly what is going on.

    I will just cover the cost of the application/baliffs etc

    Thanks again
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    fabs35 wrote: »
    @ G_M and booksurr

    Re Q3), perhaps I wasn't clear - I was querying whether the court costs of £280 could be claimed from the council given that they are the ones insisting that a court order is needed before they can rehouse the tenant.
    You were perfectly clear in your question.

    We were perfectly clear in our answers.
  • thesaint
    thesaint Posts: 4,324 Forumite
    Part of the Furniture Combo Breaker
    You will find that the council don't insist on tenants stay until the bailiffs arrive. They are(or should be)smarter than that.

    They will state that they don't have any suitable properties, and if the tenant is out on the streets, they will find them somewhere, whether it be a council property, hostel, or B&B if they qualify.
    Well life is harsh, hug me don't reject me.
  • [Deleted User]
    [Deleted User] Posts: 7,323 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 9 December 2014 pm31 1:31PM
    Some councils do gate keep. Some councils will put a tenant into B&B on a S21., some will tell the tenant that they have plenty of time, wait until they receive a notice that Bailiffs have been appointed and then go back to council.

    Some tenants wake up early one morning and find High Court Sheriffs at the door with the powers to evict them within the hour.., and have been told by the council they have plenty of time...,

    Not a fairy tale. It happens.

    The OP is trying to find a way to avoid either him or the tenant paying court/bailiff fees., but he probably needs to contact the council himself (assuming he is a he lol) and find out their procedures and what they do at which point in the eviction process. Then at least he will know what he is dealing with from the other end of the process (the tenant's). But I don't think there is a chance of the council paying the court fees etc.

    Is the tenant living in an area where there is a real shortage of LL's who will rent to benefit recipients? If not, they really are better finding another LL rather than going into B&B if possible. Perhaps the LL could arrange to return their deposit less reductions early (depending on the trust between the OP and their tenant) to help this process. Some councils will offer a first month's rent and deposit loan.., but if they still have one outstanding, they'll have problems getting another one.

    The tenant could get their local councillor/MP involved to try and avoid the council running rings round them. Not all councils do.., but its best to make sure.

    In order to get help from the council re temporary housing/social housing, the tenant will need to be sure there are no unknown overpayments of HB for the last five years, no rent arrears etc. Otherwise the council will find they have made themselves voluntarily homeless. This may mean they'll only be offered very short term temporary housing. The tenant needs to get a homeless case opened asap.
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