Confused about court case/eviction

FBaby

Artfull, I'm debating the legal process, I'm debating the fact that I find it a sad state of our society that people think it is ok to use their 'legal rights' at any opportunity despite an agreed contract just because they can.

Maybe a better comparison would be you and the misses going to a one off trip to Barbados. You've booked a really nice 4 star hotel and can't wait to enjoy the facilities and relax in the sunshine. When you get there though, you are told that your room is not available and there is no alternative. That's because the person who'd booked the room before decided they really love the place and want to stay longer. They are still paying for the room, and the police isn't interested. They get their money, they don't care.

So you are told to go and find somewhere else and when you say 'hang on, I have rights', you are told 'yes of course, take us to court then'.

You can of course do that, it's your legal right and you'll get your money back and maybe even compensation, but in the meantime, you end up in a grotty hotel because that's all that was available, but the travel company, the hotel and the person who stayed in the room don't care despite your contract.

Legal rights are there to allow people to seek compensation when they have been treated wrongly, but it doesn't say anywhere that it means it is ok to treat people badly because they have the option to get compensation.

theartfullodger

Fbaby:. Are you an agent or a landlord, please?

What training have you done in landlord/tenant law, please?

piccybabes

Having been through the process of evicting a tenant under S21, by giving the prescribed 2 months notice, I can confirm that legally the tenant does not have to leave at the expiry of that period.


My time lines.


2 months notice - 17th August 2017
Expiry- 18th October 2017


Tenant does not vacate - I apply for possession order and pay £355.
Initial Possession order granted for 6th December. Tenant goes to court and it gets extended to maximum 42days - 27th December 2017.


Tenant does not vacate so apply to court for Bailiffs warrant- received 12th January for eviction date of 30th January 2018


So from the expiry of the S21 notice to "guaranteed" eviction = 16 weeks.


Experience has told me:


1. Protect Deposit
2. Have signed AST
3. Proof of service (signed by tenant if possible) of the S21
4. Check and double check Court submission paperwork - google for help if needed
5. Chase the bailiffs for dates - but be nice
6. Expect Shelter to represent the tenant in Court hearings( if you can't attend at least write a letter explaining your position)
7. Do not threaten the tenant


If your paperwork is in order and tenant has not made claim for property disrepair than it should all go swimmingly.


My advice, if you are not comfortable with this, pay somebody else to do it, but it will take time,

theartfullodger

Tenant may still appeal to the court.

Ministry of justice statistics show typical timescales 40+ weeks.

piccybabes

Hence my use of "guaranteed".


I have learned through almost 18 years of being a landlord that nothing is guaranteed until it actually happens and the tenant is out. In my case the tenant has arranged social housing with the Council, but there is always the possibility of a further extension.

theartfullodger

Indeed!


Why did you evict this particular tenant please?

steampowered

theartfullodger wrote: »

The landlord is absolutely legally entitled to evict using s21. Tenant is equally absolutely legally entitled to remain until bailiffs. (Both being specified in Thatcher's 1988 Housing Act)

Although if the tenant stays that long, the tenant is in breach of contract and may be ordered by the court to pay the landlord's legal costs.

theartfullodger

Could you kindly quote which clause in what legitimate contract (eg gov.uk or RLA or NLA ) you would consider has been breached, please?

If you find one, £25 to an agreed Housing Charity.

steampowered

theartfullodger wrote: »

Could you kindly quote which clause in what legitimate contract (eg gov.uk or RLA or NLA ) you would consider has been breached, please?

If you find one, £25 to an agreed Housing Charity.

The tenancy agreement is a legally binding contract.

Fixed costs are usually awarded against the tenant in eviction proceedings, and these may be deducted from the deposit and/or the Defendant may be sued to pay them, resulting in a CCJ being registered against them.

I'm not pretending that fixed costs cover all of the landlord's costs, and of course the landlord won't be able to recover anything other than the deposit if the tenant is bankrupt, but they are nevertheless an additional cost to the tenant of staying after valid notice has been given.

theartfullodger

steampowered wrote: »

The tenancy agreement is a legally binding contract. ...

Agreed, but with an s21 eviction what clause in this legally binding contract has been breached? I say none. No legit AST I am aware of has any clause requiring tenant to leave at either end of fixed term or after a valid s21 or s8 notice has been served. Can anyone come up with a clause breached, please? £25 to a worthy, to be agreed, clause.

....Fixed costs are usually awarded against the tenant in eviction proceedings, and these may be deducted from the deposit and/or the Defendant may be sued to pay them, resulting in a CCJ being registered against them.

I'm not pretending that fixed costs cover all of the landlord's costs, and of course the landlord won't be able to recover anything other than the deposit if the tenant is bankrupt, but they are nevertheless an additional cost to the tenant of staying after valid notice has been given.

True, agreed, but still no breach of contract!