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tennant wont leave

2

Comments

  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    edited 11 January 2015 at 7:34PM
    Moneymaid wrote: »
    In 'asking her to go ' read a section 8 was served.

    She was given 30 days notice. This has been followed by a
    letter seeking possession in another week. I am using a very
    reputable solicitor firm well schooled in this. The property and
    I are in northern ireland.

    Assuming you indeed used the correct s.8 notice form:
    - I don't see why giving 30 day notice: either give 2 weeks as allowed or 2 months if required.
    - It's useless to send another letter after that.

    Since you are using very reputable solicitors, I'm sure that they advised you as such including, crucially, that this does not apply to Northern Ireland anyway.
  • Now GM tutt tutt !!!! Tempting as that is !
    Basically looking for additional advice of ways to expidite this process if it can be done.

    Sometimes the official types dont necessarily advise the easiest/cheapest way.

    Anyone have experience of an accelerated possession order ?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I would look hard at jjlandlord's last paragraph.

    I have no idea about N Ireland property law, or procedures, but I have no reason to doubt he is right.
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    edited 11 January 2015 at 8:25PM
    Since you've been to gov.uk, you must have seen that page:
    https://www.gov.uk/evicting-tenants/overview

    Which states: "There’s a different process to evict tenants in Northern Ireland." with a link to:
    http://www.nihe.gov.uk/index/advice/renting_privately/advice_landlords/ending_a_tenancy_landlord.htm

    "The only legal way to end a tenancy is for the landlord to give the tenant at least 28 days written notice to quit"

    I don't know the details since I don't know Northern Ireland law, but surely your reputable solicitor will be expert.
    Hopefully the notice you gave your tenant qualifies as such a notice to quit.

    Certainly the Housing Act 1988 does not apply to Northern Ireland (thus the Act's sections 8 and 21 do not either).
  • kinger101
    kinger101 Posts: 6,689 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Moneymaid wrote: »
    Now GM tutt tutt !!!! Tempting as that is !
    Basically looking for additional advice of ways to expidite this process if it can be done.

    Sometimes the official types dont necessarily advise the easiest/cheapest way.

    Anyone have experience of an accelerated possession order ?

    You still need a possession order, so there's not much chance you can do this without incurring further expense unfortunately. Now that the notice period has expired, I don't think sending additional letters is much use.

    http://www.nihe.gov.uk/index/advice/renting_privately/advice_landlords/ending_a_tenancy_landlord.htm

    NB- Always good to post as much pertinent detail as possible in the opening post.
    "Real knowledge is to know the extent of one's ignorance" - Confucius
  • sandsni
    sandsni Posts: 683 Forumite
    Have you registered as a landlord? You know it's a legal requirement in NI now, right?


    I would echo the advice about joining a landlords' association as you don't seem to be fully aware of your responsibilities as a LL and your agent apparently knows or cares very little either.
  • sandsni
    sandsni Posts: 683 Forumite
    G_M wrote: »
    If you wish to avoid "protracted legal proceedings", I understand that in N Ireland there are various non-jurisdictional groups that operate their own methods to enforce compliance.



    Sorry but that's not even funny.
  • sandsni wrote: »
    Sorry but that's not even funny.

    Je suis Charlie
  • sandsni
    sandsni Posts: 683 Forumite
    Je suis Charlie

    Touche :) I just hate the thought of the hoods here getting even satirical support :mad: :)
  • ampersand
    ampersand Posts: 9,700 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Hijacking for good cause - just back from Paris. Have searched to postThanks for any positive Je Suis Charlie refs. Being there was magnificent.
    CAP[UK]for FREE EXPERT DEBT &BUDGET HELP:
    01274 760721, freephone0800 328 0006
    'People don't want much. They want: "Someone to love, somewhere to live, somewhere to work and something to hope for."
    Norman Kirk, NZLP- Prime Minister, 1972
    ***JE SUIS CHARLIE***
    'It is difficult to free fools from the chains they revere' François-Marie AROUET


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