Evicting a Troublesome Tenant

Money_maker

Comms69 wrote: »

How does this actually help the OP? Infact just gonna SPAM your comment

You will want to edit your post. You have quoted (repeated) the post you wanted to eradicate.

Annie35

It sounds like your s21 notice is NOT valid then if tenancy only started in sept, s21 can't be dated till March (6months). Not sure if you need 2 months unpaid to issue s8 or if it just needs to be 2 months by the time of court? I'm sure others can confirm that though. Tbh I'd pay an eviction company to deal with this

G_M

Annie35 wrote: »

It sounds like your s21 notice is NOT valid then if tenancy only started in sept, s21 can't be dated till March (6months). Not sure if you need 2 months unpaid to issue s8 or if it just needs to be 2 months by the time of court? I'm sure others can confirm that though. Tbh I'd pay an eviction company to deal with this

OP said:

The tenant is a private tenant who has failed to pay rent for over 4 months.

My mother served him with a section 21 notice late last year, he should've been out by Jan 18 but hasn't left yet.

Where do you get " tenancy only started in sept," - have I missed something?

For a S8 Ground 8 to be valid, 2+ months rent must be overdue both on date off service and on date of hearing.

But OP would be well advised to go carefully through the S21 validity checker.

Slithery

@G_M

Read post #19, OP confirmed that tenancy started in September.

HampshireH

By!stinky_docker12th Jan 18, 2:43 PM

!

What's this?

STINKY_DOCKERView public profileSend private messageFind more postsView all thanked posts

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

Looks like she will need to reserve

[Deleted User]

Was the deposit protected. If not the S21 won't be VALID.

If the tenancy started in September, and the S21 issued in December, it won't be valid, it can not be issued until 4 months after the tenancy started as far as I understand it.

PLEASE check the above. If your mother proceeds with getting a possession order on the basis of the S21 on the basis of what you have said, she will be wasting the court fees.

She may be able to evict under S8, but tenant just say property needs a repair and the Judge can refuse to issue possession order.., as I understand it. It may be successful, it may not. He can also pay just enough arrears to bring the arrears to one day under 2 months and the court case will fail.

Annie35

If the s8 was also issued only a month in, it won't be valid either (thanks for confirmation GM) .

OP your mum needs to start from the beginning again, really do consider an eviction company (through a local agent or google) as diy mistakes are just adding to your costs & months unpaid, you'll be no worse off & not have to deal with the stress

G_M

Annie35 wrote: »

If the s8 was also issued only a month in, it won't be valid either (thanks for confirmation GM) .

I hesitate to come back having messed up over the tenancy start date/S21, but regarding the S8:

It's not been established (unless I missed that too!) which ground was used.

S8 ground 8 requires rent tto be 2 months in arrears, but S8 ground 10 can be served at any time if there are arrears. However, being discretionary, a judge would be unlikely to evict so early in a tenancy over such low arrears.

See Housing Act Schedule 2 (17 S8 Grounds a LL can use)

Annie35

G_M wrote: »

I hesitate to come back having messed up over the tenancy start date/S21, but regarding the S8:

It's not been established (unless I missed that too!) which ground was used.

S8 ground 8 requires rent tto be 2 months in arrears, but S8 ground 10 can be served at any time if there are arrears. However, being discretionary, a judge would be unlikely to evict so early in a tenancy over such low arrears.

See Housing Act Schedule 2 (17 S8 Grounds a LL can use)

Oh yes you're quite right GM, sorry my mistake. Depending on the grounds (reason) depends on the notice needed & you can use more then 1 grounds, which is handy.

stinky_docker

Reading through the points on this topic I'm certain the s.21 won't be valid, the s.8 may be (dependant on discretion/point of view, grounds defaulted on).

I'm arranging a short meeting with a local solicitor before proceeding with a court action, a small cost before wasting more money, I'm also, dependant on the legal advice, going to investigate an eviction company.

I don't think the tenant would pay up to 2 months to keep inside a s.8, he's 4 months in arrears and gives nothing but verbal towards my mother/his landlady, I get the sense he's done this a few times so have told her it may be the long haul and unfortunately that's the fault of her not doing things correctly.

Thanks for the advice, I'll be sure to keep you all updated

Andy