Big mistake but I just want my house back?

Big mistake but I just want my house back?

10:24 AM, 5th March 2021, About 5 months ago 53

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Hi, I am a landlord for one property, which was my old house. The tenant is refusing to leave with no rent for nearly a year, and we went to court on the 24th of February under a section 8.

The tenant now says she’s never had a tenancy agreement (expired May 2019) and no I haven’t got a copy…big mistake

Although I have the witness who signed it..,…lot’s of waterworks on her behalf…..the judge has adjourned for a substantive hearing on 14th April….. I just want my house back…..never again….any advice, tips greatly appreciated.

Many Thanks

Sally



Comments

by John Mac

11:52 AM, 5th March 2021, About 5 months ago

IMHO 2 choices, join the NRLA & use their Legal Helpline then represent yourself again at Court OR engage a Legal Rep to make sure you get possession.

by Michael Comber

12:14 PM, 5th March 2021, About 5 months ago

in a similar situation i issued a CCJ on the tenant for outstanding rent - easily done online
Still not got the rent but at least it will stop the tenant renting again and makes them realise there are consequences to their actions
i believe this may have influenced them moving on as well
good luck

by Judith Wordsworth

12:22 PM, 5th March 2021, About 5 months ago

Is the tenant claiming any benefits ie housing, council tax discount? If so they will have a copy of the tenancy agreement. You could ask the judge to request a copy from them, or a solicitor.

by Sally Parrack

13:18 PM, 5th March 2021, About 5 months ago

Reply to the comment left by Judith Wordsworth at 05/03/2021 - 12:22
Hi
Thank you....I have spoken to the council officer who contacted me last September regarding tenant ....I was thinking the same but it appears she was asked to send in necessary documents but didn't, he also disclosed her claim for housing was about to be closed as they'd heard nothing from her since September....I guess living in a house rent free was an easier option for her😟😟

by John Mac

13:47 PM, 5th March 2021, About 5 months ago

Reply to the comment left by Michael Comber at 05/03/2021 - 12:14
Was this through a Section 8 or a separate MCOL ? Rent arrears through a Sec8 are not registered on debtors file unless the CCJ is enforced i.e with Bailiffs or AOE

by LaLo

14:53 PM, 5th March 2021, About 5 months ago

If the tenancy should become periodic - think there are 2 types. You need to research as there are different rules for each, unless its all changed again! I remember when the L/L was King - they were the days!

by Michael Comber

15:04 PM, 5th March 2021, About 5 months ago

Reply to the comment left by John Mac at 05/03/2021 - 13:47
i did it by using MCOL
most letting agents only really focus on getting property back
which is fundamental, but the CCJ adds additional pressure
especially whilst the courts are not actioning evictions right now
and when they do there is going to be a big back log

by Darren Peters

16:15 PM, 5th March 2021, About 5 months ago

For clarity, is the MCOL process completely separate from Section 8? Could you theoretically _not_ give notice but take the MCOL route? Would the MCOL be for a specific stated amount or could it be something like '£5,000 arrears to date plus £27 per day until the property is vacated?' I'm thinking that, with evictions being slow an order for money which grows daily might be a faster, stronger incentive to action.

Finally what is the burden of proof required to get an MCOL order?

Thanks

by Sally Parrack

16:19 PM, 5th March 2021, About 5 months ago

Reply to the comment left by Darren Peters at 05/03/2021 - 16:15
That's very interesting.... something I will investigate....thank you.

by John Mac

16:21 PM, 5th March 2021, About 5 months ago

Reply to the comment left by Darren Peters at 05/03/2021 - 16:15
Its totally separate & can be done anytime. You can state the ammount due & the amount scheduled to be paid.

You would need a Tenancy agreement & a schedule of payments, if it goes to court you would prob need proof i.e bank statements.

Yes issuing it ASAP is the best bet, it will show the Tenant you are seroius & if they have a CCJ they will find it difficult to get a new Tenancy so may pay up. Just make sure you follow the pre-action protocol.

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