Evicting a Troublesome Tenant

Comms69

stinky_docker wrote: »

She has issued S.8 & S.21, I believe she went to court to get the papers/advice.

I'll have a look through the guides but just at work, again apologises for the somewhat confused or disrupted statements, I know she has followed steps correctly to evict him and now the S.21 has reached its two months point (Jan 18 refers to the month/year).
Thanks so far
Andy

the day is pretty important too!


In anycase, the next step is to apply for a possession order.

marliepanda

stinky_docker wrote: »

She has issued S.8 & S.21, I believe she went to court to get the papers/advice.

I'll have a look through the guides but just at work, again apologises for the somewhat confused or disrupted statements, I know she has followed steps correctly to evict him and now the S.21 has reached its two months point (Jan 18 refers to the month/year).
Thanks so far
Andy

What do you know about his deposit?

Section 21s give dates, not months and years. What is the date of the s21?

fairy_lights

OP - please tell me your mother correctly protected the tenants deposit?

G_M

It's impossible to advise properrly as your statements are vague. Since you do not know exactly what has happened so far, it's impossible for us to know!

Please check the following

1) date S21 was served
2) date S21 expired
3) was the S21 valid. See
S21 checklist (Is a S21 valid?)
4) date landlord went to court - was this for 'advice' or for a possession hearing? What was the outcome?
5) date S8 served? level or arrears on that date?
6) date expired?
7) date went to court and outcome? level or arrears on that date

Read also

* 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?

Cakeguts

You mother's tenant has a tenancy until the bailiffs evict them. The s21 does not end the tenancy. Do not intefere with the right of the tenant to live at the property. Do not go round there and threaten them do not go round there and try to make them leave the property. They have the right to live there until they are asked to leave by the bailiffs.

I would suggest that when you mother finally gets possession of the property that she sells it and finds a different way to supplement her pension. Being a landlord is a business and as with all businesses you have to know how the law for that business operates. From what you have written it sounds as if your mother didn't do any work on finding out.

landlord2016

I understand that you face a difficult time . The following link may help you.

http://www.propertyinvestmentproject.co.uk/blog/evicting-tenants/

https://www.landlordlaw.co.uk/landlords/tips/tessas-ten-top-tips-landlords-evicting-tenants

http://www.lawpack.co.uk/landlord-and-tenancy/eviction-notices/articles/article867.asp

http://www.secondproperty.co.uk/how-to-effectively-evict-a-troublesome-tenant/

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

https://www.sampsoncoward.co.uk/what-we-do/property/tenancies-eviction/evicting-your-tenant

agrinnall

landlord2016 wrote: »

I understand that you face a difficult time . The following link may help you.

http://www.propertyinvestmentproject.co.uk/blog/evicting-tenants/

https://www.landlordlaw.co.uk/landlords/tips/tessas-ten-top-tips-landlords-evicting-tenants

http://www.lawpack.co.uk/landlord-and-tenancy/eviction-notices/articles/article867.asp

http://www.secondproperty.co.uk/how-to-effectively-evict-a-troublesome-tenant/

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

https://www.sampsoncoward.co.uk/what-we-do/property/tenancies-eviction/evicting-your-tenant

I very much doubt if any of that is more helpful that G_M's tried and tested links, and would recommend that the OP (and his mother) read and comprehend the latter.

stinky_docker

Thanks everyone for the help so far, I've been able to establish the following:

Tenant signed an assured shorthold tenancy agreement on the 4th Sept 2017.

This agreement states a security deposit of £480 was taken, lists various particulars such as returning it in full at the end of the tenancy less damages to the property, the tenant signed and dated this agreement on the 4th Sept 2017.

He then subsequently failed to uphold his side of the agreement, hasn't paid any rent etc

s.8 served on 05/10/17 in writing to tenant

s.21 served on 06/11/17 again in writing to the tenant, expired 06/01/18

The Court paperwork I alluded to was the forms PREPARED ready for submission, court papers are "Claim form for possession of property (accelerated procedure) (assured shorthold tenancy). Costs on the form state £355, these are yet to be submitted.

You can rest assured I will be advising her in the strongest terms to sell the property or put it into the hands of a letting agent (Sale been my preference).

Reading the various advice I'm sure everything is in order, she has maintained the property fire alarms gas certificates etc, I understand she now needs to submit the court paperwork and pay her fee and awaiting the outcome.

Another question if I may, can she, once this whole sorry episode is over, pursue the tenant for costs/rent arrears etc, he is self-employed and I've learned today has a history of this type of behaviour (Is not in receipt of welfare so cannot try to slide out of it on these conditions)? If so whats the mechanism? Is it small claims or CCJ..?

Thanks again
Andy

saajan_12

1) Check the Section 21 notice is valid (there's a long checklist of things to verify, including deposit protected, dates correct..)

2) Check the section 8 notice is correct and the rent arrears exceed 2 months' rent.

3) Once one/both of the notices have expired, apply to court for a possession order. For S8, if the arrears are below 2 months on the date of the possession hearing, the judge has the discretion whether / not to give the possession order.

4) Once you get a possession order, wait for the date to pass. IF they don't you can't kick them out.

5) Once the possession date passes, apply for bailiffs and wait for the date.

6) Provide the bailiffs with a key, they can remove the tenant when they visit the property.

You could still have another few months to go, longer if the S21 / S8 notice turns out to be invalid and you have to start again.

Other losses
- At any time you can file a monetary claim for rent arrears
- After the tenant has left you can file a claim for property damage if any is not covered by the deposit
- You can claim court costs and bailiff costs from the tenant provided these were unavoidable (ie not duplicated / higher fees if you ask for extra provisions, have incorrect paperwork so have to file again etc)

However this is notoriously hard to actually collect on, especially if the tenant is self employed. So you may want to decide whether it's worth putting in good money after bad.

fairy_lights

stinky_docker wrote: »

This agreement states a security deposit of £480 was taken, lists various particulars such as returning it in full at the end of the tenancy less damages to the property, the tenant signed and dated this agreement on the 4th Sept 2017.

Yes, but was that deposit protected?