Tenant wont leave!!

Dipak

Hi all,

I've own a house which is rented out to DSS. To cut a long story short the tenant was served Section 21 notice back in March 2016 asking for them to vacate in May 2016. They made their excuses and didnt leave. I do have an agent that manages the property so i know they'll take the headache of court etc from me.

Today the agent called saying the tenant has received the court papers and now the tenant is saying they have never signed the tenancy with the agent and the signature on the paper has been forged. Prior to going with the current agent the properly was let by another agent and luckily I still have the old tenancy agreement and the signatures do match.

So my question is what can i expect next? i know the courts give the tenant 14 days to response. If any of you have experienced anything this it would be great to hear how you overcome it. I'm not too worried as im sure the agent will be all over it but more for information really.

Thanks!!
D

Guest101

It makes no difference if they signed the contract or not.


As you are using the statutory channels for eviction as opposed to any contractual terms.


Just so you are aware: the tenant doesn't have to leave as they have a perfectly valid and legal tenancy. Your s.21 doesn't end a tenancy. It makes no difference if your tenant is DSS (whatever that means as that doesn't exist) or a millionaire. (or both)

Boatdweller

Even if they hadn't signed the agreement moving into a property and paying rent shows you accept the terms. A tenancy agreement can be verbal it doesn't need to be in writing.

Has your agent told you the process and what will happen?

Guest101

Boatdweller wrote: »

Even if they hadn't signed the agreement moving into a property and paying rent shows you accept the terms. A tenancy agreement can be verbal it doesn't need to be in writing.

Has your agent told you the process and what will happen?

No it doesn't. It shows that a tenancy was created, and the agreement indicates what was likely to have been agreed, but lack of a signature can mean that the tenant did NOT agree to all the terms.


However as eviction is under statutory regulations it makes no difference. (except to the length of the fixed term - which is for the courts to sort out.)

theartfullodger

Dipak wrote: »

.......... I do have an agent that manages the property so i know they'll take the headache of court etc from me. .....

Oh dear.

Don't assume the agent will take any headache away. Agent, unless a solicitor, cannot represent you in court. This forum and others sadly have too many reports of agents making matters worse of being little, if any help. You the landlord are legally responsible for everything...

There are good agents, I use one, but don;t bank on yours being one.

Prepare for a long battle...

csgohan4

To those who read this forum, it's not all easy being a landlord and the pitfalls once can come across.


The op likely has had no rent since March 2016 at least and it's now August

silvercar

csgohan4 wrote: »

To those who read this forum, it's not all easy being a landlord and the pitfalls once can come across.


The op likely has had no rent since March 2016 at least and it's now August

I can't see anywhere that OP says there is a rent problem.

csgohan4

silvercar wrote: »

I can't see anywhere that OP says there is a rent problem.

Did say likely, maybe the OP can shed some light on this

G_M

Hard to know where to start..... however

Dipak wrote: »

Hi all,

I've own a house which is rented out to DSS.
1) DSS does not exist.
2) do you mean you have a contract with... the council? the benefits agency? and they sub-let to the occupant?
Or do you mean you have an AST with the occupant, who happens to claim benefits (which is irreleant to you)?
To cut a long story short the tenant was served Section 21 notice back in March 2016
1) who served it?
2) what (exact) date was it served?
3) what date was given as expiry date?
4) did the tenant pay a deposit?
5) if yes, what date was it protected? Which scheme?
6) what date was the PI served on the tenant?
7) did the tenant recieve: i) EPC? ii) gas certificate iii) gov leaflet
8) was tenant's residency rights checked?

ALL the above affect the S21 Noice soplease answer in full.

asking for them to vacate in May 2016. exact date?
They made their excuses and didnt leave. I do have an agent that manages the property so i know they'll take the headache of court etc from me.
Agents cannot represent their clients in court.
If it goes to court, either you will have to represent yourself, or employ a solicitor

Today the agent called saying the tenant has received the court papers and now the tenant is saying they have never signed the tenancy with the agent and the signature on the paper has been forged.
Irrelevant to the S21. The tenant has lived in your property, and paid rent, and you have received rent- therefore there is a tenancy. A S21 Notice is the mechanism to end that tenancy.
Whether the tenant agreed to all the precise terms within the writen agreement or not makes no difference.
Your agent should know this!
Prior to going with the current agent the properly was let by another agent and luckily I still have the old tenancy agreement and the signatures do match.
Good. Though as above, irrelevant

So my question is what can i expect next? i know the courts give the tenant 14 days to response. If any of you have experienced anything this it would be great to hear how you overcome it. I'm not too worried as im sure the agent will be all over it but more for information really.

Thanks!!
D

Check the S21 is valid.
Apply to court for possession.
Employ bailiffs

Is the rent up to date? If not, serve a S8 Notice as well.

Read:

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

* New landlords: advice, information & links

anotheruser

While I'm not a fan of landlords generally, I realyl dislike this sort of thing even more.

Why you can't just say they're tresspassing I don't know...
But this is where a S21 should be notice that the agreement is ending, thus the tenant must move out.

theartfullodger

anotheruser wrote: »

While I'm not a fan of landlords generally, I realyl dislike this sort of thing even more.

Why you can't just say they're tresspassing I don't know......

Whilst there is a tenancy (which landlord can only forcibly end by notice, court action, court order, bailiffs/HCEO) then it is the tenant's home, the tenant's property, (merely landlord's investment.. not his property) even if tenant not paying rent.

That is the law: Should not be a surprise to landlords who spend just a little time getting some understanding. And the position for landlords is so, so, much more favourable after Thatcher's Housing Act 1988.

S21 eviction process is straightforward and guaranteed if paperwork is correct: There is so much guidance available about it available for many sources (eg landlord associations) and for free (eg UK Government..). An unequal struggle, with the landlord having most power, unquestionably.

DSS dissolved 2001 (only 15 years ago..)