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Tenants eviction
Sunita007
Posts: 16 Forumite
Our tenants have overstayed by 5 days and show no signs of leaving. They are being verbally abusive and threatening. We served them a Section 21 notice through our letting agency allowing them a 2 month notice period.
We need advice on the following clause in our tenancy contract- it’s the rent protection clause (as below)
2.2.1 Rent Protection – In support of Gibbs Gillespie’s service for vetting prospective tenants’ financial and general credit worthiness, if it turns out that the Tenant falls into rent arrears for reasons outlined within the Rent Insurance policy provided by the affiliated insurer, Gibbs Gillespie provides rent protection and assures the payment of certain limited rent for the Landlord and will procure that this rent is paid to the account of the Landlord. Gibbs Gillespie’s commitment to the Landlord is that in the event that within 12 months of the start of the Tenancy being the date upon which the Tenancy Agreement is stated to commence and provided that the date is within 60 days of the effective date of the reference certificate, there is any default in payments of the Tenant’s referenced share of the monthly rent or part thereof, we will pay monthly the following, in arrears:
Rent up to a maximum amount of £5,000, and which the Tenant is referenced for, per calendar month;
Total rent up to a maximum of £20,000, or the equivalent of 12 month’s rent, or until vacant possession has been gained, whichever is earlier (after an excess deduction of one month’s rent);
Up to a maximum of £25,000 for legal costs and expenses for the repossession of the Property and rent recovery.
Payments will be made subject to any outstanding charges due from the Landlord. In the event of payments being made under this warranty, all rights of the Landlord to receive such sums shall be, and by signing this Agreement authorised to be, subrogated to Gibbs Gillespie in order to effect recovery of sums paid (in the name of the Landlord if necessary or expedient). Recovery of rents paid out shall be at the discretion of Gibbs Gillespie. Where a deposit has been taken on Rent Protection instructions and the Tenant has fallen into rent arrears during the Tenancy, the Landlord must provide properly receipted invoices/receipts to show actual expenditure in respect of damage or losses due to breach of the Tenancy Agreement. The sum of the acceptable
Does this mean that the letting agency or its underwriter will be liable to bear our legal costs/ rent arrears. The estate agency has become a bit cagey with us and we are trying to determine what our rights are as landlords. This is our primary and only property and we are currently renting and our rental contract runs out at the end of the month.
Please do advise accordingly. It really does seem like an impossible situation.
We need advice on the following clause in our tenancy contract- it’s the rent protection clause (as below)
2.2.1 Rent Protection – In support of Gibbs Gillespie’s service for vetting prospective tenants’ financial and general credit worthiness, if it turns out that the Tenant falls into rent arrears for reasons outlined within the Rent Insurance policy provided by the affiliated insurer, Gibbs Gillespie provides rent protection and assures the payment of certain limited rent for the Landlord and will procure that this rent is paid to the account of the Landlord. Gibbs Gillespie’s commitment to the Landlord is that in the event that within 12 months of the start of the Tenancy being the date upon which the Tenancy Agreement is stated to commence and provided that the date is within 60 days of the effective date of the reference certificate, there is any default in payments of the Tenant’s referenced share of the monthly rent or part thereof, we will pay monthly the following, in arrears:
Rent up to a maximum amount of £5,000, and which the Tenant is referenced for, per calendar month;
Total rent up to a maximum of £20,000, or the equivalent of 12 month’s rent, or until vacant possession has been gained, whichever is earlier (after an excess deduction of one month’s rent);
Up to a maximum of £25,000 for legal costs and expenses for the repossession of the Property and rent recovery.
Payments will be made subject to any outstanding charges due from the Landlord. In the event of payments being made under this warranty, all rights of the Landlord to receive such sums shall be, and by signing this Agreement authorised to be, subrogated to Gibbs Gillespie in order to effect recovery of sums paid (in the name of the Landlord if necessary or expedient). Recovery of rents paid out shall be at the discretion of Gibbs Gillespie. Where a deposit has been taken on Rent Protection instructions and the Tenant has fallen into rent arrears during the Tenancy, the Landlord must provide properly receipted invoices/receipts to show actual expenditure in respect of damage or losses due to breach of the Tenancy Agreement. The sum of the acceptable
Does this mean that the letting agency or its underwriter will be liable to bear our legal costs/ rent arrears. The estate agency has become a bit cagey with us and we are trying to determine what our rights are as landlords. This is our primary and only property and we are currently renting and our rental contract runs out at the end of the month.
Please do advise accordingly. It really does seem like an impossible situation.
0
Comments
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You haven't stated if they are actually in rent arrears. Presumably not otherwise you would have served s8 as well as s21.
So the lengthy blurb only protects your rent. It doesn't pay for your eviction costs (unless as a result of rent arrears). You will need to apply to the Court for a possession order based on the s21 assuming you are sure it is valid.
https://markprichard.co.uk/documents/s21-validity-checker0 -
Thankyou for your reply. Are you saying that we can bypass serving S8 notice and go straight to accelerated possession?
The S21 is completely valid and legit and done through the letting agency0 -
Thankyou for your reply. Are you saying that we can bypass serving S8 notice and go straight to accelerated possession?
The S21 is completely valid and legit and done through the letting agency
It is not bypassing, it is a completely separate process. s21 is a non fault eviction but I would reiterate to check validity with a fine tooth comb because there are multiple pitfalls (see link) and many agents are not competent to get it right.
If all ok then yes, accelerated possession followed by High Court Enforcement is the quickest.
https://forums.landlordzone.co.uk/forum/residential-letting-questions/72292-enforcement-of-a-possession-order-using-the-hceo-route?70594-Enforcement-of-a-Possession-Order-using-the-HCEO-route0 -
Your tenants don't have to go at the end of the notice period for an S21. You have to take them to court to get possession.0
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S8 may be quicker, but it's not quick. You may be better off taking a very very deep breath and offering them money to leave.No reliance should be placed on the above! Absolutely none, do you hear?0
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Could I have recommendations for a property lawyer or eviction specialist or is it all the same if I went to my high street solicitor for issuing possession order.0
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There have been no rent arrears so far(except for the 5 days this month that they have overstayed)0
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I have done a Section 8 myself without solicitors.. you have to make sure everything is 100 percent correct, names , dates and that you as a landlord have carried out all your obligations
I used PCOL . It isn't very quick and depends on your local court and how busy they are .
I also had to apply for bailiffs which took another month.
I think all in all it took about 8 months and each month without rent and even more damage being done
In many years of being a LL of mostly industrial but previous last 15 years or so private , my tenant was OK in all that time but it just took a change of partner for it to go Pete Tong0 -
Perhaps, but the OP has not confirmed if there are any arrears and if so how much. Nor if s8 has actually been served.
s21 has already been served and *if* valid should be fairly quick through accelerated route.
Yes, totally agree with all that. However, the OP says she has to leave her rental at the end of the month. My experience is that it will take significantly longer than that to get a court hearing. Then, the court order will give the tenant time to leave, which they won't do, but the OP has to wait. Then the OP needs to get the court bailiffs in. They may well have a backlog. She's looking at months, not the end of the month.
Plus the costs....
It might be worth offering the tenants a thousand or two to leave. The alternative is to check whether she can stay on in her current tenancy. Otherwise, she may find herself living out of a suitcase in an hotel for several months.
It sounds dramatic, but it's what can happen.No reliance should be placed on the above! Absolutely none, do you hear?0
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