Eviction help for a landlord ?

Guitar62

It certainly is SusieT. I wish you the best of luck with yours.

Rumana03

You guys are lucky. I've been waiting 2 years and still haven't managed to evict my tenants...the court is taking forever to grant possession. My tenants are currently over £14,000 in rent arrears. The only silver lining has been that my home insurance covers my legal costs otherwise this would have been much worse for me.

theartfullodger

Guitar62 said:

...............

Thanks theartfuldodger - yes same tenant, trying to be considerate as everyone has been through a hard time. Wanted to give them time to leave before pursuing court action etc.... S21 has been checked and is valid.
...............

Lodger not dodger: I don't dodge. (But I am a lodger)

V serious point: Attention to detail matters, especially with landlord/tenant paperwork matters (like an s21...)

Guitar62

Thanks theartfullodger ( not dodger whoops sorry) I have been extremely careful with any paperwork regarding this as aware how important attention to detail is and getting everything right. 

Thankfully they have vacated and now it is a matter of claiming the deposit for cleaning and rent arrears which I have initiated. I am being fastidious with the evidence and paperwork I have in support of this claim and have it all prepared if he decides to reject my claim and take it to dispute resolution.

You are very knowledgeable on these things, in your opinion is it best to wait for the outcome of the deposit claim before pursuing the balance of rent arrears through the small claims court ?
Or should I claim for the full rent arrears now  - is it possible to adjust the claim later if the deposit it paid to me ?   
I have to admit I have been concentrating on possession of the property, the end of tenancy and then DPS and have not yet fully investigated the small claims court so unsure of the finer details. 

Guitar62

Rumana03 that is terrible, why is it taking so long ?
I hope you get things resolved soon I am very lucky indeed. Best of luck.

3card

Rumana03 said:

You guys are lucky. I've been waiting 2 years and still haven't managed to evict my tenants...the court is taking forever to grant possession. My tenants are currently over £14,000 in rent arrears. The only silver lining has been that my home insurance covers my legal costs otherwise this would have been much worse for me.

Any advice as to why this is taking so long bearing in mind the arrears? Surely a S8 shouldnt take this long?

canaldumidi

Guitar62 said:

Just to let you all know the tenant moved out. very relieved even though the property was a mess and still no rent paid.

I have started a claim to have his deposit paid to us for cleaning and rent arrears.

There will still be a balance owing of rent arrears - will take to the small claims court if necessary. I guess its best to wait for the result of the deposit claim before starting it ?

I hesitate to sound too negative, but just be careful. 'moving out' does not necessarily end a tenancy, and erroneously assuming the tenancy has ended and, for example, changing the locks, could lead to a charge of illegal eviction.

Has the tenant returned the keys? Signed anything to say they are surrendering the tenancy? Or has a court granted possession?

Rumana03

Guitar62 said:

Rumana03 that is terrible, why is it taking so long ?
I hope you get things resolved soon I am very lucky indeed. Best of luck.

Mine is taking so long because the solicitors made a few mistakes at the beginning. Now they have put someone more senior onto my case but the court seems to want to delay the whole thing. The insurance company (home insurance) and solicitors seem under the impression that the courts are purposely delaying things as there will be too many people looking for council housing with all the evictions happening. Also the property is in London which probably makes matters worse. 

Thanks I'm going to need the luck. I will count myself lucky if they are out by the end of this year...even that is beginning to look doubtful to me.

Rumana03

3card said:

Rumana03 said:

You guys are lucky. I've been waiting 2 years and still haven't managed to evict my tenants...the court is taking forever to grant possession. My tenants are currently over £14,000 in rent arrears. The only silver lining has been that my home insurance covers my legal costs otherwise this would have been much worse for me.

Any advice as to why this is taking so long bearing in mind the arrears? Surely a S8 shouldnt take this long?

Mine was a section 21. The solicitors advised it's quicker and easier to take the no fault route. Unfortunately it didn't pan out that way though.

Guitar62

canaldumidi said:

Guitar62 said:

Just to let you all know the tenant moved out. very relieved even though the property was a mess and still no rent paid.

I have started a claim to have his deposit paid to us for cleaning and rent arrears.

There will still be a balance owing of rent arrears - will take to the small claims court if necessary. I guess its best to wait for the result of the deposit claim before starting it ?

I hesitate to sound too negative, but just be careful. 'moving out' does not necessarily end a tenancy, and erroneously assuming the tenancy has ended and, for example, changing the locks, could lead to a charge of illegal eviction.

Has the tenant returned the keys? Signed anything to say they are surrendering the tenancy? Or has a court granted possession?

 Thanks for info. He confirmed by text he would be leaving and left the keys - I presume that is enough ?