Big mistake but I just want my house back?

by Readers Question

10:24 AM, 5th March 2021
About 2 months ago

Big mistake but I just want my house back?

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Big mistake but I just want my house back?

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

Sally Parrack

17:28 PM, 7th March 2021
About 2 months ago

Reply to the comment left by Kate Mellor at 07/03/2021 - 17:17
I have several txt messages from tenant asking me to give her an eviction notice....all of which I've printed out. I may be able to track ex through the power's of 'Facebook'....money incentive sounds feasible as I do know they parted on not good terms shall we say ! Sounds like I'm going to be very busy but worth it ultimately.....the Eviction company will have to up their game I'm thinking...her defense has to be shown by 24th March so that will be interesting.....thank you so much for this.......

Kate Mellor

17:54 PM, 7th March 2021
About 2 months ago

It’d be interesting to see just what their angle is. It could simply be about buying some time by making you have to come back to court while she lives rent free! I really hope there’s nothing more sinister than that and you get your property back with no further delays. I really feel for you.

Sally Parrack

18:30 PM, 7th March 2021
About 2 months ago

Reply to the comment left by Kate Mellor at 07/03/2021 - 17:54
Watch this space 😏 thanks again

DSR

19:50 PM, 9th March 2021
About 2 months ago

Reply to the comment left by Kate Mellor at 07/03/2021 - 12:28
moreover hearings these days are heard by circuit judges - bloody useless. They don't like making decisions and if the defence can ping anything in front of them that says there is a tiny issue of something MAY be legally missing (and AST in this case)the judges tend to refer. Then what happens...you get another hearing and another circuit judge...and so it continues.
I self defended a disrepair claim (which defence threw in AFTER i retracted the possession after full arrears paid). That ended last Dec 2020...it started in Nov 2018! There was just me. They had three defence solicitors and they even got a barrister on the case in the end (all on LA of course total bill over £33k). I won - walked and told the Barrister to FO an the way out.

Anyway going off the point there - what I meant to say was unless you/your legal side hit firm and hard first off, you will inevitably be playing a seemingly never ending game of tennis. Most tenants are on LA these days and as a result the ambulance chasing solicitors that pick up these cases have nothing to loose. All they do is ramp up the costs purposefully.

Kate Mellor

11:11 AM, 10th March 2021
About 2 months ago

Reply to the comment left by RL at 09/03/2021 - 19:50
Wow, good for you! Glad to hear you succeeded in this David v Goliath battle 😊

Judith Wordsworth

11:37 AM, 10th March 2021
About 2 months ago

Reply to the comment left by Sally Parrack at 07/03/2021 - 17:28
The tenant obviously thinks by your eviction notices the LA will rehouse her. Hopefully they won't

Sally Parrack

11:41 AM, 10th March 2021
About 2 months ago

Reply to the comment left by Judith Wordsworth at 10/03/2021 - 11:37
I do question why she has requested several Eviction notice's from me ....but claim's there to be no tenancy agreement... surely just go 🤔🤔

Judith Wordsworth

12:47 PM, 10th March 2021
About 2 months ago

Reply to the comment left by Sally Parrack at 10/03/2021 - 11:41
She's not only wanting to housed by the LA but also money from you if by not having any tenancy. If she is saying she is not your tenant then could she be a trespasser? If so wait till she goes out, put her stuff in HGG street and change the locks lol. But that might cause you bigger problems but ..........

Sally Parrack

13:16 PM, 10th March 2021
About 2 months ago

Reply to the comment left by Judith Wordsworth at 10/03/2021 - 12:47
Oh believe me ...I would do that but she has 2 kid's there....unlike her, I do have a conscious.....if I'd been a bit tougher in the first place, we may not even be where we are now 🙄

Dylan Morris

14:37 PM, 10th March 2021
About 2 months ago

Reply to the comment left by Sally Parrack at 10/03/2021 - 13:16
Just interested how you came across this tenant was it a friend or family member ?

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Pandemic related arrears should be top of the Housing Minister’s in-tray