Do I need to wait for the next Court date?
We have taken one of our tenants to court for an eviction due to massive rent arrears. When we go to court the tenants had filed a counter-claim against us.
We were advised to get a survey on the property and to go back to court in August.
It now transpires that the tenant has vacated the property but still keeps going back into it for some reason or the other.
We have now been advised by the local council that they have suspended their claim for HB due to them no longer living at the property.
Our advisor has told us that we have to wait until the next court date (August 18th) to have the case dismissed. Is this correct? It seems that as they have now vacated we no longer need to go to court to get the eviction completed.
Can anyone let us know where we stand please.
Many thanks
Nicole
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Paying a money grabbing solicitor
Member Since January 2011 - Comments: 12205 - Articles: 1397
11:07 AM, 17th June 2014, About 12 years ago
Hi Nicole
It is difficult to say without more information.
What was the basis of the counter-claim?
What was the basis of your advisers advice and in what way is he/she qualified to provide that advice?
.
Member Since August 2013 - Comments: 84 - Articles: 2
3:07 PM, 17th June 2014, About 12 years ago
If all the stuff is gone; you can presume “implied surrender” but I would not advise it if the tenant is taking legal action against you.
Can you share more about the counter claim? as if your evicting someone I dont understand how any “counter claim” can happen. You served a notice and your here to enforce that notice any “counter claim” can be delt with by the tenant at a later date.
Possession is possession; S8 and S21 gives little leighway into looking at other areas other than the validity of the notice and if a deposit is secured.
Member Since December 2013 - Comments: 86
4:17 PM, 17th June 2014, About 12 years ago
Reply to the comment left by “Adam Hosker” at “17/06/2014 – 15:07“:
At a guess they have claimed disrepair as a defence against S8.
Member Since August 2013 - Comments: 84 - Articles: 2
4:41 PM, 17th June 2014, About 12 years ago
Disrepair is a claim that should be submitted by the tenant; it does not form part of Section 8 Fault Based Possession Notice. If their is a fault; notice is correctly served and so forth. It should not be “come back later” – possession should be given say in X weeks and requirement for a survey to be taken out.
Im no solicitor; but that’s how I proceed with tenants in the past claiming the property was uninhabitable; yet wanted to live there; when im evicting them due to none payment of rent under s8.
Member Since December 2013 - Comments: 86
4:56 PM, 17th June 2014, About 12 years ago
Reply to the comment left by “Adam Hosker” at “17/06/2014 – 16:41“:
If, when faced with a section 8 hearing, the tenant counterclaims claiming disrepair then the judge can & will order the landlord to obtain expert reports (at the landlord’s cost) before he allows the Section 8 to proceed to a possession order.
The hearing will be deferred to allow the reports to be made and presented.
Comments: 2
5:19 PM, 17th June 2014, About 12 years ago
So, if that was the case, how do they stand if the tenants subsequently vacate the property?
Member Since July 2013 - Comments: 184 - Articles: 1
6:11 PM, 19th June 2014, About 12 years ago
I would do this. A. Request from housing benefit dept written confirmation that tenant has left. Ask them if tenant is claiming elsewhere is, does tenant have what is known as a “live claim”. This means that tenant HB has been transferred to another poor landlord. You must defend the counterclaim by counter claiming for the arrears and damage etc. Have your judgement enforced. Good luck.Kevin
Member Since September 2013 - Comments: 771
9:22 PM, 19th June 2014, About 12 years ago
I have always been advised to get eviction date and a baliff . If you have not properly evicted and they have not returned keys they could come back. Even if relet to another tenant the law would be with them.
Comments: 2
9:26 PM, 19th June 2014, About 12 years ago
Reply to the comment left by “KATHY MILLER” at “19/06/2014 – 21:22“:
Thank you both
Member Since July 2013 - Comments: 357
4:19 PM, 23rd June 2014, About 12 years ago
Hi
If a tenant moves out and does not tell you can you presume implied surrender. I had a tenant leave a property of mine taking most of my furniture (police Dealing with that bit). The locks were changed two months ago with a note saying contact the letting agents.
I know they have not been near the property in that time I stopped the Housing claim.
The tenancy which was for 6 months has just ran out. So can I re let my property without any come back. They have removed all clothing and most of there furniture. I gave the notice to remove the last of their possessions or they would be disposed of.
When this was happening the individual turned up asking for the mail and said they where happy for the items to be given away as they had no where to put them where they where currently staying.
I asked the letting agent to serve notice but the person refused to contact them to confirm there intentions.