Tenant Issues

saajan_12

sandyk01 said:

Since then things have deteriorated. Since 2022 I did not increase rent out of respect that I was selling but hate me or not I served a Section 13 to increase the rent by 300 to cover my mortgage payments (their previous rent was 1500). They decided they were only paying 1600. I told them this wasn't a negotiation. If they're exercising their right to remain I can exercise my right to increase the rent. 

When was this and was the 1800 in lline with market rents? (Your mortgage is irrelevant)
If they don't pay the rent specified and they don't formally dispute it via tribunal, then send a rental statement each time. Simple and factual, just stating the rent due and the rent paid. Add the next month too when it comes. That way its clear you are not giving up on that amount. 

sandyk01 said:

Anyway. Court process ongoing. Court accepted the case and gave them a date to move on 07th June. They did not so I've applied for a possession order.
 ....
They have today contested the accelerated possession order and asked for a hearing and for s21 to be dismissed as they feel it's not valid because he hasnt received it. It was served via email and the tenant has subsequently used that email address and emailed the letting agents about the s21 which makes no sense to me? ..

What court process and what exactly was the decision, if it wasn't a possession order? 

sandyk01

I'm not sure how the court system works. The application for an accelerated possession order was sent. Court accepted application as the requirements of the s21 was fulfilled. Court gave them 2 weeks to move. They did not so now I have applied for a possession order. Once that comes through solicitor said if they don't move then they I will need to get bailiffs. 

Re the market rate- letting agency confirmed this is within the market rate re the increase. 

saajan_12

sandyk01 said:

I'm not sure how the court system works. The application for an accelerated possession order was sent. Court accepted application as the requirements of the s21 was fulfilled. Court gave them 2 weeks to move. They did not so now I have applied for a possession order. Once that comes through solicitor said if they don't move then they I will need to get bailiffs. 

Re the market rate- letting agency confirmed this is within the market rate re the increase. 

You're summarising based on documents received from the court / your solicitor. If you quote those documents verbatim, we may be able to advise. 
Reason is depending on what level of decision is still to be made on the S21 eviction, it may affect how much you need to jump through the other hoops (assuming  ofc there isn't actually a major repair / damp issue and the tenant is just trying to distract)

[Deleted User]

For them to leave you will have to follow through with the eviction process as the council do not get involved to help them until they have bailiff date. I followed through with my s21 and took 6.5 months from start to finish.

Priority should be them leaving, rent increase they might not take it seriously.

they are playing games, you let it drag for so long as negotiations do not work for everyone, it seems they will need council help so longing the process

Next time do not serve a s21 by email, I used 1st class standard mail with proof of postage, an send email as a 2nd method but ideally not main method.

They are trying to delay the process with the environmental, sometimes it is due to overcrowding and not opening windows, putting heating on etc. Have all your paperwork and evidence ready,

If it drags on might be worth involving an eviction specialist. 

 

sandyk01

It's such a slow process. The s21 is all being followed.

They have filed a defence statement asking for a hearing and for s21 to be dismissed. As part of that they stated there's been a leaking shower for the last 6 months that wasn't fixed. This has never been reported! Everything aside in concerned for my house and what damage this has caused! Yesterday they'd said they'd be in today for the contractor to look into it. Today they refused him entry! 
I hope the court date comes in soon. 

propertyrental

Earlier you said:

"Court accepted application as the requirements of the s21 was fulfilled. Court gave them 2 weeks to move. ..on 07th June"

That appears to be a possession order, so now it is time for the bailiffs.

Too late for a defence, and even if it weren't " a leaking shower...... This has never been reported!" is not grounds to dismiss a S21.

sandyk01

propertyrental said:

Earlier you said:

"Court accepted application as the requirements of the s21 was fulfilled. Court gave them 2 weeks to move. ..on 07th June"

That appears to be a possession order, so now it is time for the bailiffs.

Too late for a defence, and even if it weren't " a leaking shower...... This has never been reported!" is not grounds to dismiss a S21.

I thought that had the process but this is what the solicitor sent-


Further to recent correspondence, I am very pleased to confirm that the Claim in this matter has now been issued and has a deemed date of service of 23 May 2024. That means the tenants have until 6 June 2024 to vacate the property and, if they fail to do so we can then ask the court to grant a ‘Order for Possession’.

Now we're applying for the possession order which they've contested- main ground being they didn't recieve the Section 21 yet in an email in march he cites the date on the Section 21 saying he'll hand back the keys on the last day. This seems a whole waste of time! 

saajan_12

sandyk01 said:

propertyrental said:

Earlier you said:

"Court accepted application as the requirements of the s21 was fulfilled. Court gave them 2 weeks to move. ..on 07th June"

That appears to be a possession order, so now it is time for the bailiffs.

Too late for a defence, and even if it weren't " a leaking shower...... This has never been reported!" is not grounds to dismiss a S21.

I thought that had the process but this is what the solicitor sent-


Further to recent correspondence, I am very pleased to confirm that the Claim in this matter has now been issued and has a deemed date of service of 23 May 2024. That means the tenants have until 6 June 2024 to vacate the property and, if they fail to do so we can then ask the court to grant a ‘Order for Possession’.

Now we're applying for the possession order which they've contested- main ground being they didn't recieve the Section 21 yet in an email in march he cites the date on the Section 21 saying he'll hand back the keys on the last day. This seems a whole waste of time! 

With the 6th June date being 14 days after "the Claim" was deemed to be served, that's perhaps just the date by when the tenant should have filed any dispute / defense, with the possession order to come thereafter. OR it could be a possession order, with the next steps being a warrant of possession for bailiffs to attend. 

Mayby dig out what was sent on 23rd May, or ask your solicitor to be more clear.