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  • FIRST POST
    • Tonyhague
    • By Tonyhague 13th Sep 17, 4:07 PM
    • 3Posts
    • 0Thanks
    Tonyhague
    Evicting Tenant
    • #1
    • 13th Sep 17, 4:07 PM
    Evicting Tenant 13th Sep 17 at 4:07 PM
    Hi.
    We rent our property via sequence as agents.Basic facts:
    Deposit taken at the beginning of the tenancy and secured as obliged.
    Assured shorthold tenancy of 12 months which expired about 12 months ago and wasn't renewed as the tenant didn't fill the paperwork, we just let it slide.
    Rent paid by council with tenant topup, which is all up to date.

    In May the agent carried out the annual inventory and we discovered that there's been a long term water leak outside, which has come through the kitchen wall damaging the plaster and causing damp. Tenant neglected to mention it except to say to the agent that "mushrooms grow on the wall"

    After several attempts to get a contractor in to do the work, 2 refused because of the tenant's attitude the third said that the kitchen would need to be removed to go down to brick and replaster, we realised that was going to be expensive so contacted out insurer.

    Due to the kitchen needing to be removed we felt it best to serve Section 21 notice, get the tenant out and get the work done on an empty house, as it would be unlivable while it happened.

    The Section 21 has expired, the tenant is still in and reading the forum here it seems my hope that the notice could be taken to the council to help them get rehoused was very naive of me, apparently the council will have advised them to await the bailiffs

    I've contacted the Landlord Advice UK and spoken to someone there who estimates it'll be around 750 for them to serve and administer Section 8, are we best using a service like this or another better value one, or even doing it ourselves?

    Anything we should do instead?

    Thanks.

    edit - probably not section 8 next, I'm stressed and should have written as we spoke.
    Last edited by Tonyhague; 13-09-2017 at 4:14 PM.
Page 1
    • Guest101
    • By Guest101 13th Sep 17, 4:22 PM
    • 15,102 Posts
    • 14,796 Thanks
    Guest101
    • #2
    • 13th Sep 17, 4:22 PM
    • #2
    • 13th Sep 17, 4:22 PM
    What why are you issuing s.8?


    Just go to eviction now.
    • Guest101
    • By Guest101 13th Sep 17, 4:25 PM
    • 15,102 Posts
    • 14,796 Thanks
    Guest101
    • #3
    • 13th Sep 17, 4:25 PM
    • #3
    • 13th Sep 17, 4:25 PM
    Look the ONLY, ONLY, ONLY way you can end the tenancy is via the courts.


    So just apply for a possession order.
    • cjdavies
    • By cjdavies 13th Sep 17, 4:33 PM
    • 3,398 Posts
    • 3,634 Thanks
    cjdavies
    • #4
    • 13th Sep 17, 4:33 PM
    • #4
    • 13th Sep 17, 4:33 PM
    All I can add is don't waste 750, you can do this, someone will be along how to though.
    • xylophone
    • By xylophone 13th Sep 17, 4:49 PM
    • 25,737 Posts
    • 15,210 Thanks
    xylophone
    • #5
    • 13th Sep 17, 4:49 PM
    • #5
    • 13th Sep 17, 4:49 PM
    https://www.gov.uk/evicting-tenants
    • G_M
    • By G_M 13th Sep 17, 6:03 PM
    • 44,697 Posts
    • 53,143 Thanks
    G_M
    • #6
    • 13th Sep 17, 6:03 PM
    • #6
    • 13th Sep 17, 6:03 PM
    Why a S8?

    You've already served a S21 (which I assume was valid) and it's expired.

    Apply to court for possession.

    Lots of online advice on how. Plus court officials will advise on procedure/forms (but won't give legal advice).

    Are you a member of a LA? Have you looked at landlordzone?
    • theartfullodger
    • By theartfullodger 13th Sep 17, 6:42 PM
    • 9,620 Posts
    • 12,953 Thanks
    theartfullodger
    • #7
    • 13th Sep 17, 6:42 PM
    • #7
    • 13th Sep 17, 6:42 PM
    ..........The Section 21 has expired, the tenant is still in and reading the forum here it seems my hope that the notice could be taken to the council to help them get rehoused was very naive of me, apparently the council will have advised them to await the bailiffs ............
    Originally posted by Tonyhague
    Why do you expect the council to rehouse him - in any timescale -, at taxpayers expense, simply to help you, a private landlord??

    What makes you (& similar thinking private landlords) so privileged that you deserve that sort of favour from councils & taxpayers?

    Best regards to all decent members

    Artful (Private landlord..)
    Last edited by theartfullodger; 13-09-2017 at 7:49 PM.
    • xylophone
    • By xylophone 13th Sep 17, 6:53 PM
    • 25,737 Posts
    • 15,210 Thanks
    xylophone
    • #8
    • 13th Sep 17, 6:53 PM
    • #8
    • 13th Sep 17, 6:53 PM
    Why do you expect the council to rehouse him, at taxpayers expense, simply to help you, a private landlord??

    Rent paid by council with tenant topup, which is all up to date.
    The tenant is already receiving help from the taxpayer.

    The OP wants possession of his property. That seems reasonable enough.

    I don't think that he is looking to the Council to help him but had thought that the council might assist the tenant?


    The tenant may not be able to obtain council housing but presumably he is at liberty to look for another private rental and would be eligible once again for housing benefit?
    • strawberries1
    • By strawberries1 22nd Mar 18, 2:05 PM
    • 689 Posts
    • 146 Thanks
    strawberries1
    • #9
    • 22nd Mar 18, 2:05 PM
    • #9
    • 22nd Mar 18, 2:05 PM
    How did this go OP?
    How long did it take to get the tenant out?
    • TadleyBaggie
    • By TadleyBaggie 22nd Mar 18, 2:07 PM
    • 2,818 Posts
    • 2,126 Thanks
    TadleyBaggie
    The OP hasn't logged on since November.
    • Tonyhague
    • By Tonyhague 23rd Mar 18, 4:40 AM
    • 3 Posts
    • 0 Thanks
    Tonyhague
    Update
    After several "we just need another month or so" requests which we foolishly granted, thinking at least we were getting the rent and avoiding a couple of grand in costs they finally left about 3 weeks ago.
    House is a mess, 10x8 shed full to the roof with bags of rubbish, cupboards in the house the same. Living Room door no longer in the frame, looks like windowsills haven't been cleaned inside in a year or more.
    A large window and a door put through with large stones one of which has made a 4 foot long gouge in the solid oak flooring.
    Them leaving and the cold snap coincided so the pipes froze and burst, we walked into water flowing through the ceilings.
    First call to the insurance company "don't touch anything until we've been", then they came out and"why haven't you fixed anything yet?", I'm hoping they'll cover the water damage which I expect to get into 4 figures.
    Tenant expects her bond back, apparently other people are responsible for the several tons of old clothes toys and god knows what rubbish in the house, garden and locked shed and as her boyfriend put the windows through (witnessed by the neighbour) that's not her responsibility either.
    • G_M
    • By G_M 23rd Mar 18, 4:52 AM
    • 44,697 Posts
    • 53,143 Thanks
    G_M
    .....
    Tenant expects her bond back, apparently other people are responsible for the several tons of old clothes toys and god knows what rubbish in the house, garden and locked shed and as her boyfriend put the windows through (witnessed by the neighbour) that's not her responsibility either.
    Originally posted by Tonyhague
    Tenant is responsibe for the condition she leaves it in when the tenancy ends. Cannot claim "somene else's fault".

    Do you have forwarding address so you can sue if the damage costs exceed the deposit?

    Do you have a proper check-in inventory, with photos?

    Have you completed a proper check-out report, with photos?
    • Gwendo40
    • By Gwendo40 23rd Mar 18, 5:29 AM
    • 136 Posts
    • 148 Thanks
    Gwendo40
    Not sure what all the whining is about. hardly the worst ''nightmare tenant'' tale I've ever heard.

    Being the competent and professional landlord that I'm sure you are these issues ought to be like water off a ducks back.

    As for the pipes freezing then leaking, it sounds like your responsibility, the property has obviously been vacated and empty during the freeze/thaw period and you've not took sufficient measures to foresee or deal with it.
    Last edited by Gwendo40; 23-03-2018 at 5:44 AM.
    • FBaby
    • By FBaby 23rd Mar 18, 7:34 AM
    • 16,804 Posts
    • 41,496 Thanks
    FBaby
    What makes you (& similar thinking private landlords) so privileged that you deserve that sort of favour from councils & taxpayers?
    Here comes Artfullodger on his high horse again with his clear political/social views!

    Love it how you see the intervention of the council, that is sought by the TENANT himself as a favour to OP rather than the tenant. OP is not asking for anything from the council, he is asking the tenant to go as per the terms of the contract. The terms of tenancy sought by the tenant has nothing to do with him.

    Such a bee in your bonnet you have Artfullodger
    • Norman Castle
    • By Norman Castle 23rd Mar 18, 8:22 AM
    • 7,144 Posts
    • 5,918 Thanks
    Norman Castle
    As for the pipes freezing then leaking, it sounds like your responsibility, the property has obviously been vacated and empty during the freeze/thaw period and you've not took sufficient measures to foresee or deal with it.
    Originally posted by Gwendo40
    That assumes the op was aware the tenant had left.
    Don't harass a hippie. You'll get bad karma.

    Never trust a newbie with a rtb tale.
    • martindow
    • By martindow 23rd Mar 18, 10:12 AM
    • 7,633 Posts
    • 4,348 Thanks
    martindow
    That assumes the op was aware the tenant had left.
    Originally posted by Norman Castle
    I think if I were LL in these circumstances I would be going round occasionally to look through the windows to check whether the tenants were still there, particularly if the weather was below freezing.
    • pinklady21
    • By pinklady21 23rd Mar 18, 12:59 PM
    • 652 Posts
    • 471 Thanks
    pinklady21
    Why did the agents not pick up all the issues during their periodic inspections? It seems that the first problem was a water leak, that caused an issue with dampness in the kitchen. The issue became worse due to the length of time that elapsed.
    Had this been picked up sooner, then issues may have been avoided getting so bad that the landlord had to evict the tenant.
    That said it sounds like the tenant was a bit of a nightmare anyway, and the o/p is well rid.
    Sorry about the mess they left behind, as others have said, take lots of photos of damage as evidence, and claim off the deposit via the protection scheme. Given the extent of the damage, and probably unpaid rent etc, I would think the deposit may not be enough to cover the losses. Sorry about that.
    • G_M
    • By G_M 23rd Mar 18, 1:35 PM
    • 44,697 Posts
    • 53,143 Thanks
    G_M
    Folks jumping to conclusions and being a bit unfair.

    We don't know the full facts:

    * Tenant might have left the property vacant without telling the LL
    * Tenant might have breached tenancy agreement by not leaving heating on in winter
    * LL might have been denied entry for inspections
    * LL might have been wary of accusation of harrassment (even "look through windows"!) given the history

    Tenants have a duty to act in a 'tenant-like manner', and that includes protecting against freezing pipes, so this is (probably) tenant liability (depending on precise circumstances eg tenancy end date)
    • Smodlet
    • By Smodlet 23rd Mar 18, 4:04 PM
    • 3,425 Posts
    • 6,663 Thanks
    Smodlet
    Here comes Artfullodger on his high horse again with his clear political/social views!

    Love it how you see the intervention of the council, that is sought by the TENANT himself as a favour to OP rather than the tenant. OP is not asking for anything from the council, he is asking the tenant to go as per the terms of the contract. The terms of tenancy sought by the tenant has nothing to do with him.

    Such a bee in your bonnet you have Artfullodger
    Originally posted by FBaby
    The Section 21 has expired, the tenant is still in and reading the forum here it seems my hope that the notice could be taken to the council to help them get rehoused was very naive of me, apparently the council will have advised them to await the bailiffs
    Originally posted by Tonyhague
    He was hoping the council would just wave a magic wand and make all his problems go away until he read this forum/other sources. The tenant did inform the LA about mushrooms growing on the wall. If that does not denote a serious damp problem to the LA, perhaps the OP would do better to take responsibility for his property rather than leaving it all to people who clearly don't give a damn.
    What is this life if, sweet wordsmith, we have no time to take the pith?
    Every stew starts with the first onion.
    I took it upon myself to investigate a trifle; it had custard, jelly, soggy sponge things...
    • FBaby
    • By FBaby 23rd Mar 18, 7:27 PM
    • 16,804 Posts
    • 41,496 Thanks
    FBaby
    Hoping and expecting are two different things. Hoping so that it is a successful outcome for both himself and the tenant seems a reasonable wish. In the end, the Council will have to rehouse the tenant, as their duty, not as a favour to OP.

    If the tenant waited for the mushrooms to have appeared, then it was clearly too late, the damage would have been done. Who would wait until it got that bad anyway?
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