Eviction help for a landlord ?

MaryNB

Rumana03 said:

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.

They should have advised you to issue both at the same time.

canaldumidi

Guitar62 said:

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 ?

Sounds like you're OK. Keep the text!

(I assume the text is definitive and could not be interpretted as, for example, "I'm moving out for a holiday but will be back" ..... )

Guitar62

canaldumidi said:

Guitar62 said:

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 ?

Sounds like you're OK. Keep the text!

(I assume the text is definitive and could not be interpretted as, for example, "I'm moving out for a holiday but will be back" ..... )

Good to hear, and I have saved it and others proving the rent arrears etc. No it could not be confused  'Ill be out by the date' is quite straightforward. And returning the keys.

3card

Rumana03 said:

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.

Can any explain the reasoning behind this? Surely the S21 gives tenant 2 months before you can apply for a court hearing with all the correct paperwork being in place. The S8 gives the tenant 2 weeks before you can apply for a court hearing? 
I'm confused?

Rumana03

3card said:

Rumana03 said:

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.

Can any explain the reasoning behind this? Surely the S21 gives tenant 2 months before you can apply for a court hearing with all the correct paperwork being in place. The S8 gives the tenant 2 weeks before you can apply for a court hearing? 
I'm confused?

The section 8 can be used for rent arrears which is what happened with my tenants but the issue was they made small payments here and there...like the odd £100 or so now and again. So we couldn't really say they were 2 months in rent arrears..and also if we did go with section 8, they could end up paying the arrears before the court date meaning the section 8 would no longer be valid.

3card

Rumana03 said:

3card said:

Rumana03 said:

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.

Can any explain the reasoning behind this? Surely the S21 gives tenant 2 months before you can apply for a court hearing with all the correct paperwork being in place. The S8 gives the tenant 2 weeks before you can apply for a court hearing? 
I'm confused?

The section 8 can be used for rent arrears which is what happened with my tenants but the issue was they made small payments here and there...like the odd £100 or so now and again. So we couldn't really say they were 2 months in rent arrears..and also if we did go with section 8, they could end up paying the arrears before the court date meaning the section 8 would no longer be valid.

Thanks. Totally understood

Im going through a S8 at the moment and have a court hearing the week after next.
My tenant hasnt paid since December so theres no chance of any payments prior to the hearing.
I did issue a S21 and a S8 but the court hearing is just for the S8 because i was advised that the judge doesnt have any discretion to let them stay as long as the S8 is issued correctly

On the point of arrears i again was informed legally that the arrears do not need to be actually 2 months but can be to the value of 2 months arrears but i did wait until they were actually 2 full months behind until i issued the S8

london21

3card said:

Rumana03 said:

3card said:

Rumana03 said:

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.

Can any explain the reasoning behind this? Surely the S21 gives tenant 2 months before you can apply for a court hearing with all the correct paperwork being in place. The S8 gives the tenant 2 weeks before you can apply for a court hearing? 
I'm confused?

The section 8 can be used for rent arrears which is what happened with my tenants but the issue was they made small payments here and there...like the odd £100 or so now and again. So we couldn't really say they were 2 months in rent arrears..and also if we did go with section 8, they could end up paying the arrears before the court date meaning the section 8 would no longer be valid.

Thanks. Totally understood

Im going through a S8 at the moment and have a court hearing the week after next.
My tenant hasnt paid since December so theres no chance of any payments prior to the hearing.
I did issue a S21 and a S8 but the court hearing is just for the S8 because i was advised that the judge doesnt have any discretion to let them stay as long as the S8 is issued correctly

On the point of arrears i again was informed legally that the arrears do not need to be actually 2 months but can be to the value of 2 months arrears but i did wait until they were actually 2 full months behind until i issued the S8

Should go in your favour.

It just needs to be equivalent to 2 months worth of rent but some play games and just make some payment before hearing to be less than 2 months rent.

MaryNB

Rumana03 said:

3card said:

Rumana03 said:

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.

Can any explain the reasoning behind this? Surely the S21 gives tenant 2 months before you can apply for a court hearing with all the correct paperwork being in place. The S8 gives the tenant 2 weeks before you can apply for a court hearing? 
I'm confused?

The section 8 can be used for rent arrears which is what happened with my tenants but the issue was they made small payments here and there...like the odd £100 or so now and again. So we couldn't really say they were 2 months in rent arrears..and also if we did go with section 8, they could end up paying the arrears before the court date meaning the section 8 would no longer be valid.

Were you not able to serve Section 8 Ground 11 which allows for persistently late rent, even if the tenant isn't in arrears when the notice is issued?

3card

MaryNB said:

Rumana03 said:

3card said:

Rumana03 said:

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.

Can any explain the reasoning behind this? Surely the S21 gives tenant 2 months before you can apply for a court hearing with all the correct paperwork being in place. The S8 gives the tenant 2 weeks before you can apply for a court hearing? 
I'm confused?

The section 8 can be used for rent arrears which is what happened with my tenants but the issue was they made small payments here and there...like the odd £100 or so now and again. So we couldn't really say they were 2 months in rent arrears..and also if we did go with section 8, they could end up paying the arrears before the court date meaning the section 8 would no longer be valid.

Were you not able to serve Section 8 Ground 11 which allows for persistently late rent, even if the tenant isn't in arrears when the notice is issued?

Just for the record i didnt issue them at the same time, there was a few weeks between them but i forgot i was advised to issue the S8 under G8 , 10 & 11 if i recall correctly but as i say there is little chance of the tenant paying any monies before the court hearing

Rumana03

MaryNB said:

Rumana03 said:

3card said:

Rumana03 said:

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.

Can any explain the reasoning behind this? Surely the S21 gives tenant 2 months before you can apply for a court hearing with all the correct paperwork being in place. The S8 gives the tenant 2 weeks before you can apply for a court hearing? 
I'm confused?

The section 8 can be used for rent arrears which is what happened with my tenants but the issue was they made small payments here and there...like the odd £100 or so now and again. So we couldn't really say they were 2 months in rent arrears..and also if we did go with section 8, they could end up paying the arrears before the court date meaning the section 8 would no longer be valid.

Were you not able to serve Section 8 Ground 11 which allows for persistently late rent, even if the tenant isn't in arrears when the notice is issued?

To be honest I just went with the section 21 because the solicitors said that was the best way to approach it. As my home insurance was covering the legal costs, I didn't want to risk anything going wrong. The solicitors seemed pretty sure that using section 21 was my best option to get my house back. They said it would be straightforward and quick.