Evicting tenant In rented property

TAB1981

Looking for some advice regarding evicting a tenant in the next few months 

Tenant is now 3 months in rent arrears which totals to £1800 oweing , rent is never on time when it's paid and is always £50 - £100 short with every excuse going , it's DHSS where tenant gets full payment to cover £600 a month rent plus other disabilitypayments etc , frustrating thing is it's a big 4 bedroom house with lots of adults / kids living in there , house is not looked after and is scruffy and smelly

Tenant has been in the property for 12 years , we tried to evict her a few years ago when her kids caused trouble and the front windows all got smashed and I had to pay to replace all glass panels , she went to citizens Advice when we give her a section  21 saying she had given us a deposit In which we have never asked or taken a deposit on any of our 3 retented properties , she begged to stay and in the end we give in and let her stay

We give here the rent to guide booklet a few years ago , every year the property is gas tested and recently had the new electricity check done and energy test as been done on the property

I know as soon as I give her a section 21 she'll be onto Citizens advice and she'll say she paid a deposit which she didn't and probably say she never had the the rent guide booklet given in which we did , what's the best action to take against this as a landlord , will they believe me or the tenant 

CKhalvashi

You follow the S8 procedure for the arrears, following with court action if necessary, ensuring you make a claim in addition for the rent owing.

S21 is 'no fault' but there is fault here. This is due to rightfully be wiped from the statute books.

Having paid a deposit is not an issue here, there has been a breach of her agreement with you.

If she's applying for council housing, they will advise to wait for the bailiffs to arrive, so you have to ensure this is done correctly and fully followed through. That arrears are there is factual and according to your contract, any subsequent correspondence and your bank statements. Whether T is on benefits is irrelevant to this, it's their responsibility to pay their rent in full.

Take a look at the S8 forms and we will advise if you have any further questions.

TAB1981

CKhalvashi said:

You follow the S8 procedure for the arrears, following with court action if necessary, ensuring you make a claim in addition for the rent owing.

S21 is 'no fault' but there is fault here. This is due to rightfully be wiped from the statute books.

Having paid a deposit is not an issue here, there has been a breach of her agreement with you.

If she's applying for council housing, they will advise to wait for the bailiffs to arrive, so you have to ensure this is done correctly and fully followed through. That arrears are there is factual and according to your contract, any subsequent correspondence and your bank statements. Whether T is on benefits is irrelevant to this, it's their responsibility to pay their rent in full.

Take a look at the S8 forms and we will advise if you have any further questions.

Thankyou , with her being in the property for all these years we didn't renew the yearly contract for last few years we just kept it ongoing but we know she will do anything to stay there , tbh honest the lady would be best in a small bungalow due to her health issues but because all her kids and family live there free and it's a big house to house them all she will dig her heels in , occupational therapy contacted me asking would I agree to her having a starlift and wet room supplied and fitted at there cost in which I said no she's in 3 months rent arrears and the house us too big for her , she needs a smaller house or bungalow 

CKhalvashi

TAB1981 said:

CKhalvashi said:

You follow the S8 procedure for the arrears, following with court action if necessary, ensuring you make a claim in addition for the rent owing.

S21 is 'no fault' but there is fault here. This is due to rightfully be wiped from the statute books.

Having paid a deposit is not an issue here, there has been a breach of her agreement with you.

If she's applying for council housing, they will advise to wait for the bailiffs to arrive, so you have to ensure this is done correctly and fully followed through. That arrears are there is factual and according to your contract, any subsequent correspondence and your bank statements. Whether T is on benefits is irrelevant to this, it's their responsibility to pay their rent in full.

Take a look at the S8 forms and we will advise if you have any further questions.

Thankyou , with her being in the property for all these years we didn't renew the yearly contract for last few years we just kept it ongoing but we know she will do anything to stay there , tbh honest the lady would be best in a small bungalow due to her health issues but because all her kids and family live there free and it's a big house to house them all she will dig her heels in , occupational therapy contacted me asking would I agree to her having a starlift and wet room supplied and fitted at there cost in which I said no she's in 3 months rent arrears and the house us too big for her , she needs a smaller house or bungalow 

The expiry of a tenancy does not end that agreement, only a court or tenant can do that.

She has a Statutory Periodic Tenancy.

The above still stands. It looks like you have maintained all your legal requirements to her and her family, it's such a shame she has not maintained her commitments to you.

This needs to end before it gets more expensive, the advice above stands.

anselld

Serve section 8 immediately.  Section 21 for good measure as well if you want but s8 is more effective when there are significant arrears.  Employ a solicitor to do it if you are unsure of the procedure as it sounds like the Tenant will "defend" whatever way they can.
You can also request direct payment of the housing benefit from the Council where there are significant arrears.

silvercar

I’ve been through something similar and paid a solicitor. Section 21 is non negotiable, section 8 risks the tenant claiming repairs are needed and could be thrown out. 

macman

Bear in mind that it will take at least 8 months to get a hearing for a possession order. 2 months notice from the issue of the S21, and 6m+ queue for the court, then a month before you can instruct bailiffs to evict her. So the best part of a year before you can repossess. And it's assumed that, on receipt of the S21, she will stop any rent payments.
Why you failed to take a deposit escapes me.
As above, you should have served an S8 immediately the arrears went beyond 2 months. You've clearly shown weakness over the years and she has capitalised on that.
The deposit is a non-issue, as she can't prove she paid one, as she will have no receipt from you.
In future, when you supply the prescribed info, get your tenants to sign for it to confirm receipt. No one has to 'believe' anything if you keep proper records and evidence of all your transactions with the tenants.

TAB1981

silvercar said:

I’ve been through something similar and paid a solicitor. Section 21 is non negotiable, section 8 risks the tenant claiming repairs are needed and could be thrown out. 

Yes this will probably be the case , because of the number of people living In there and lack of respect and care there are minor things like interior doors broken and through there negligence, I've replaced lots of things over the years but go back a week in 2 later and there the same broken ir damaged , there good at stalling and not paying rent but are so quick running to CAB when I'm onto them 

Rumana03

If you have home insurance on the property, check if it covers legal costs. It took me almost 2 years to evict my tenants but luckily the legal expenses were covered. And I did receive some payments from the tenant's universal credit payments.

Ratkin007

If not aware, it may be worth checking the local authority website to see if your property falls in a selective licensing area. If it does and you haven't already, you should apply for a license. Failure to have a license if required will result in the notice being invalid. Your tenant could also apply for a rent repayment order for rent paid over a 12 month period.  

SusieT

I would serve S8 grounds 10 and 11, and possibly S21 as well. With the S8 grounds 10 and 11 you only have to give them 2 weeks notice prior to court action, whereas with S21 its 2 months