Evicting tenant with baby and wants to be evicted?

by Readers Question

8:50 AM, 23rd September 2018
About 3 years ago

Evicting tenant with baby and wants to be evicted?

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Evicting tenant with baby and wants to be evicted?

I have an HMO in which one tenant started living with a woman, subsequently they had a baby, living in one room of the house.

They have always paid the rent on time and are continuing to do so. However, their baby is scaring away other tenants creating empty rooms in the house and so reducing rent income significantly.Obviously a room in an HMO is not appropriate for a couple with a baby and nor is it good for others in the house who need their rest.

The tenant wants to be evicted, so that he can go to the council and get a house from them. The council insists on an eviction notice issued by a court. How can I arrive at that the most quickly, bearing in mind the tenant wants to help work towards that ?

Many thanks

LandlordLondon

Comments

Michael Barnes

19:38 PM, 25th September 2018
About 3 years ago

Reply to the comment left by Mike at 25/09/2018 - 11:45
I wasn't asking about morality, I was asking about legality.

Mike

0:55 AM, 26th September 2018
About 3 years ago

I am giving very similar advice to what the local councils and Shelter give to tenants who have been given a section 21 or section 8 notice, where the councils do not regard that notice with any legal significance, unless they get a court possession order, I am simply advising how to get one.
Serve a retrospective section 21 notice, ( where does it say in law that you cannot?) as long as the tenant and the landlord are in agreement. Remember many laws are also retrospected to a date when they are proposed after parliament approval or when they are enacted. I remember I lost over 12K of unclaimed VAT input tax when Customs and Excise applied to the court to bring the VAT cap period from 6 years to 3 years, I applied just a few days after I learned that Customs & Excise were applying to cap input tax claim from 6 years to 3 years so if the bill gets enacted, I would lose lots of money but little did I know that they would retrospect the law, so I lost a little fortune around 1996 I think it was.

further more the date the section 21 Notice date can be the date when the tenant first proposed to this landlord that he needs a court possession. order

Mike

1:07 AM, 26th September 2018
About 3 years ago

Perjury occurs if the outcome of the case is going to be different by using a retrospective date, whether the date is actual or retrospected, it is not going to alter the outcome of a case. This is not a murder trial where changing dates could bring a different outcome.

Michael Barnes

18:19 PM, 27th September 2018
About 3 years ago

Reply to the comment left by Mike at 26/09/2018 - 00:55
Serve a retrospective section 21 notice, ( where does it say in law that you cannot?)

S21(1)(b) HA 1988: "the landlord or, in the case of joint landlords, at least one of them has given to the tenant not less than two months’ notice in writing stating that he requires possession of the dwelling-house".
Simply dating the notice 2 month ago does not give the tenant 2 months written notice, and therefore the notice would be invalid.

S21(4)(a) HA 1988: "that the landlord or, in the case of joint landlords, at least one of them has given to the tenant a notice in writing stating that, after a date specified in the notice, being the last day of a period of the tenancy and not earlier than two months after the date the notice was given, possession of the dwelling-house is required by virtue of this section".
That states "the date the notice was given", not "the date on the notice".

Mike

19:35 PM, 27th September 2018
About 3 years ago

So Micheal what you are saying is that he must serve a s21 Notice now and wait two months, then pay £355.00 court fees and file a possession order, wait for a court hearing date which may well take another 4 to 6 weeks or even longer in some cases, and the landlord has surmounted even more losses as most of his other tenants have left due to baby's constant crying. So you are saying there is no other way out other than to lose even more money. Not forgetting the lawyers fees if he can't file his own application to a court.

Even when he has done this the correct way, there is no proof that he did it the correct way or not. Assuming he handed the notice in person and not by post.
.

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