Posession Claim. Tenant in Arrears

Gazzafatcityboy

Hey All,

I am posting this on behalf of my parents who currently rent out a house with HMO. Earlier this year one of their tenants got into a bit of trouble with their rent and couldn’t afford to pay any rent, this carried on for quite some while and then the tenants girlfriend moved into the property without their consent.

The girlfriend got pregnant and had the baby I believe last week. The property is run as a HMO and since the tenant is in arrears, my parents would like to get him out. Also it will effect the other tenants as there is a new baby in the house. The couple have gone to the council and they told them they cant help them. My parents also went to CAB and they advised them to get a Posession order which they have now.

I just wanted to know what happens next and what are the potential outcomes.

TIA

G

00ec25

your parents cannot and must not do anything at all until they have gone to court and got a possession order otherwise your parents will swiftly find that the law protects the tenant from harassment and illegal eviction

to go to court your parents must first serve and wait for the notice period to expire. Which notice they decide to serve depends on what grounds they think will work - rent arrears? rent owing? (or S21 no fault - if possible because outside the fixed term)?

when (if) the court awards possession the parents may need to then appoint bailiffs to carry out the eviction if they do not leave voluntarily. Again any direct action your parents take to evict themselves is illegal.

the whole process will take at least 3 - 5 months depending on court availability and if you need baliffs.

given you know nothing about the legal process I'm not sure how you intend to help them - go read a few websites perhaps?

https://www.gov.uk/evicting-tenants/overview

also note carefully the law varies between England/ Wales, Scotland and Northern Ireland. There is not a standard UK wide law.

Pixie5740

If your parents have been to court and have a possession order they need to enforce the order either using County Court bailiffs or kicking it up to the High Court so that High Court Enforcement Officers can enforce it.

I'm a bit surprised that people who run a HMO don't know how to legally evict a tenant.

Guest101

Pixie5740 wrote: »

If your parents have been to court and have a possession order they need to enforce the order either using County Court bailiffs or kicking it up to the High Court so that High Court Enforcement Officers can enforce it.

I'm a bit surprised that people who run a HMO don't know how to legally evict a tenant.

After so many years on these forums... im not anymore

csgohan4

I wonder what else they haven't done? Tax, gas safety e.t.c?

theartfullodger

00ec25 wrote: »

..........the whole process will take at least 3 - 5 months depending on court availability and if you need baliffs............

Errr... if tenant declines to leave & digs heels it it's 40weeks+ on average - see

http://www.landlordzone.co.uk/forums/showthread.php?75530-Time-to-repossess-statistics

i.e 9+ months, for estimating purposes...

Geoff1963

There is a very big difference in the law, between someone who was never authorised to be there ( e.g. a squatter ) and someone who once was ( an in-arrears tenant ).
However, I'd reckon the paying tenants have first call on the shared facilities.

For a worrying example, watch Pacific Heights (1990) .

AlexMac

If you can twist this to a Glass Half Full perspective...?

And if your parents can bring themselves to communicate with the Dodgy Tenants...?

It might be worth ensuring that they (the DTs ) are in touch with the local Council housing authority, as they might have a chance of accomodation - or even emergency accommo, which may then lead to a Council flat.

They would need to actually be homeless; which means a Court reposession order AND a Baliff order (I know cause this is the route I went down to help a tenant of mine with a new baby into her Council house- where she and her daughter - now well-balanced and in school - are happily living with a long-term partner ).

So get them to check if your local Council obeys the same tortuous process as it might be quicker for them to go along with your Court and Baliff order than than them hanging on tooth and nail for months?

And before anyone says I shouldn't be suggestng you help scroungers access Social Housing, ask yourself if you were ever a kid going through a series of cr4p hostels, B&Bs and Homeless Persons Units - as I was 65 or so years ago... then cast the first stone, The baby deserves a break at least.

G_M

Parents sound pretty dozy really.


The rent arrears must have started over 9 months ago, more like a year+ by the sound of it.

Why was a S8 not served 10 months ago?

If they've been through all the process of getting an HMO licenced and conforming to the HMO rules, surely they know (or can find out) the eviction process?

Are they members of a landlords association? Where do they source their leglislative information? Their documentation? The eviction process wll be well documented by any reputable source that they surely must be using.....

By the way, tell them not to cite the baby as a reason for eviction - they'll have the Human Rights Act 'right to family life' waved at them!

Mojisola

G_M wrote: »

By the way, tell them not to cite the baby as a reason for eviction - they'll have the Human Rights Act 'right to family life' waved at them!

And a good thing too!

My grandparents were given very short notice to leave their flat when the landlady realised that my grandmother was pregnant and they had no option but to leave.

Guest101

Mojisola wrote: »

And a good thing too!

My grandparents were given very short notice to leave their flat when the landlady realised that my grandmother was pregnant and they had no option but to leave.

Presumebly this was years ago but the equality act now protects pregnant women throughout pregnancy and for upto 26 weeks after giving birth (note not from a s.21 notice)