PLEASE READ BEFORE POSTING
Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.Evicting tenants via court and bailiffs
Comments
-
The only advice
As soon as 2 months rent is outstanding, not in arrears but the day after the second months rent was due and not paid, is when you can serve the S21. Then 2 weeks after that you apply for a court date. Once the judge gives them 14 days to leave and they don't you immediately apply for the bailiffs.
Doesn't the landlord need to go back to the court for a possession order?
As in actually attend court again?
Or is sending off the N325 form enough?Selling off the UK's gold reserves at USD 276 per ounce was a really good idea, which I will not citicise in any way.0 -
The evidence of our own eyes... And ears, and video and sound recordings...
Maybe she was just "popular" with the local men?
But I suppose if she was annoying her neighbours, it's irrelevant whether she was getting paid or not.Selling off the UK's gold reserves at USD 276 per ounce was a really good idea, which I will not citicise in any way.0 -
Computer_Beginner wrote: »Doesn't the landlord need to go back to the court for a possession order?
As in actually attend court again?
Or is sending off the N325 form enough?
The OP already has a possession order. It was granted by the court after she had served the Section 8. That's the nice thing about a Section 8, you can roll the arrears and possession order into one hearing. Unfortunately because the tenants haven't left then the OP will need to use bailiffs to physically remove them from the property.0 -
two points:
1: how did the court give you the deposit in addition to arrears?
2: this is the standard eviction procedure; you should know this and act professionally. Anyone suggesting getting HCEOs should be aware that they must now also send notice and therefore I no quicker than bailiffs.0 -
i do feel for you, it's clearly quite upsetting but.....this is the issue with people looking to be landlords without sufficient funds to weather periods of non-paying tenants, the eviction process, void periods or expensive repairs once the tenant has moved out. BTL is supposed to be a business and shouldn't be reducing you to tears. It's part and parcel (unfortunately) of the rental market.
Further, the Councils aren't deliberately setting out to upset you or make your life difficult. It's simply their processes. There is a chronic shortage of social housing and most Council's simply don't have the properties to house people. Temporary accommodation is prohibitively expensive so, to the Council, it makes sense to have a family stay put until the legal process has been completely exhausted. The tenants are your problem for now, not theirs.
Finally, it is extremely likely that the tenants will be deemed intentionally homeless from non-payment of rent so will be housed for 28 days in very expensive temporary accommodation and then the Council will consider that they have met their obligations and discharge their duty. The family will, in all likelihood, end up either in a borough many miles away (in London we often send families to Birmingham as there is simply nowhere in this borough to put them) or in another private rental. Simply having kids is not a good enough reason to get a Council home these days.
If I were you, I'd take the tenants to the Small Claims Court for the money they owe you. You probably won't be able to enforce a judgement, but at least they'll have a CCJ to f*ck up their credit file. Then sell the property and do something less stressful.0 -
I thought non-payment of rent was a Section 8; is this not so?
Yes, apologies that's what I meant. I've edited my post.
My insurance company handled the court paperwork but I only needed to attend the possession hearing and no other court appearances.Don't listen to me, I'm no expert!0 -
Just to point out
The use of HCEO is discretionary only, The Judge can refuse a application to transfer up to HCEO.Advice given on Assured and Regulated Tenancy, Further advice should always be sought from a Solicitor....0 -
Thank you again everybody.
Just to clarify i did use a section 8 as it was rent arrears. Then I attended court for the possession order, and now I will send a warrant for possession which I shall ask for it to be a hceo rather than county court. I shall also be delighted to try to get a ccj against them, plus I will inform the local housing officer that despite them claiming housing benefit I never received any of it
IMHO the tenants are naive idiots, aged approx 21 an it’s theyre first home. They moved in with good intentions to pay but soon discovered in reality they can’t afford bills. Despite a young child and her not working, therefore claiming benefits. He seems to do agency work week on week so the pay is not regular. They found my house via an agency and passed the credit checks and references at the time, I shouldn’t have trusted that at a young age they’d cope.
Having been a landlord for over 10 year, im not too naive in the field, I have kept up to date with mortgage payments etc for all these months, but the thought of an empty house for months while we sell is daunting. The whole palaver has been upsetting and stressful, where I’ve done nothing wrong but others have played the system0 -
I'm sorry to read of your problems with your tenants.
Have I missed something here. If the tenants are on HB the LL can ask for it to be paid directly after 8 weeks in arrears. If they are working, LL can get attachment of earnings.0 -
I tried that! Unfortunately the housing benefit office wouldn’t speak to me in detail due to client confidentially , the request had to come from the tenant, which they wouldn’t do as they were pocketing it! And as he does temporary agency work it’s impossble to pin down an employer to pay me direct out of his wages. She is a stay at home mum0
This discussion has been closed.
Categories
- All Categories
- 343.2K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.3K Work, Benefits & Business
- 608K Mortgages, Homes & Bills
- 173.1K Life & Family
- 247.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards