Eviction under a Periodic Tenancy?

by Readers Question

4 months ago

Eviction under a Periodic Tenancy?

Make Text Bigger
Eviction under a Periodic Tenancy?

My tenant since 2010 has refused to sign an AST tenancy agreement since May 2014.

She gave me notice that she wanted to move out in Oct 2015, but when I went to do the checkout (17.12.15) she refused to move out as I said I couldn’t give her her deposit back there and then in cash as is held on the DPS, via the Letting Agent.

Her rent continued to be paid by Housing Benefit in full.

Last November (2017) Housing Benefit ruled she (paid direct to me) had been overpaid 4 Nov 2013-23 March 2014 (just under £1000) and have been deducting from monthly payments. She has refused to repay any of this.

This week Housing Benefit have reduced her award from 26 February 2018 and the shortfall is £150pw which she said when I managed to speak to her on the phone she was too busy to discuss and didn’t have the money.

Is her tenancy a Periodic Tenancy?
What Forms do I need to evict her?
When can I start this process?
Does anyone know about using the High Sherriff’s Office to get a Writ of Possession and what the procedure is.

I am at my wits end

Judith



Comments

Neil Patterson

4 months ago

Hi Judith,

With no new fixed term tenancy I am assuming yes, this is now a rolling Statutory Periodic Tenancy.

If the tenant is over 2 months in arrears (highly likley by the sounds of it) then you can use a Section 8 for rent arrears or a no fault section 21.

However, I am almost certain the tenant will make life difficult and it is highly likely the council will advise her to stay and not make herself deliberately homeless.

I would recommend using professionals for tenant eviction as although they charge for the service it will end up saving you time and money in the long run.

Please see our tenant eviction page and contact form >> https://www.property118.com/evicting-tenants/

terry sullivan

4 months ago

use high court bailiffs?

Mike Tighe

4 months ago

I've read that if a tenant gives you notice and then doesn't move out, they have no legal right to remain, and they can actually owe you double rent for the time they remain.
Have a look at this post on the Landlord Law website
http://www.landlordlawblog.co.uk/2009/12/01/ancient-law-may-help-landlords/

Did she give you notice in writing ?

i have used http://www.evictthem.com twice and has been very cost effective and acquired the result.

Judith Wordsworth

4 months ago

Reply to the comment left by Mike Tighe at 05/03/2018 - 12:25Yes Mike T she gave me notice in writing, by email rather than hard copy.
I will check them out Ronnie A. Their website site seems to have been hacked !
Thanks Neil P

DALE ROBERTS

4 months ago

I fear you may be heading for a torrid experience.
I am presently involved in evicting a benefits cheat and it has been a protracted battle as she has been adroit at prolonging the matter. She has a long history of serial evictions and judgments which she has gone to great lengths to hide by devious misrepresentation. I used HelpLand (contact person Lee Daniels.) He succeeded in an eviction order via the County Court on a Section 8 after the tenant ignored the Section 21. I was awarded the eviction and rental arrears plus costs 4 months after the date of the lease expiry. This includes a CCJ against the tenant. Vital for serial offenders as it can be traced and is effective for six years with the option of extending the period should the tenant continue to avoid payment of her debt. The tenant ignored the County Court order and HelpLand are now seeking permission from the High Court for Writs of Possession and Control. Hopefully I will be rid of this tenant within the next few weeks. I have lodged a complaint with the local Council against the tenant as she has deliberately made herself "homeless" in order to force them to provide her with accommodation, no doubt because her rental history has reached a magnitude that is now impossible to hide. I have also appointed Caridon (contact person Sherelle Collman) to liaise with the local Council to ensure all future HB payments are paid directly to me.
The tenant has also failed to settle her accounts for ground tax and utilities since 2015. This is common practice for "professional" tenants and they are also advised by the Council to await the Bailiffs in order not to make themselves intentionally homeless. It also appears to be normal practice to advise tenants not to pay rent during the eviction process. I have seven months of rental arrears with no hope of recouping such as the tenant will no doubt ensure she has no assets to attach.
I was also given excellent advise from the High Court Enforcement Group.
Please upload this tenant to Tenant Referencing and lodge a claim against her on Money Claims Online. Bad tenants need to be exposed.

Hamish McBloggs

4 months ago

Reply to the comment left by Neil Patterson at 05/03/2018 - 10:55
I thought that Councils were no longer permitted to advise tenants stay put.

DALE ROBERTS

4 months ago

I've written to the local Council seeking a directive from them on this as it seems to be standard in eviction cases. They have advised my "professional" tenant to await the Bailiffs and stop rental payments so will she be deliberately made "homeless" in order to force them into accommodating her and her extended family. I was under the impression that the Council frowned on such manipulative behaviour from tenants but it appears they encourage and endorse it. This tenant's rental past has become impossible to hide.
This tenant has also not paid Council tax in six months nor paid Heatlink since 2015. I received a letter of demand from them today. How is it possible to continue receiving a service if you are years in arrears?
And this from a serial benefits cheat who has a history of judgments and evictions against her!

DALE ROBERTS

4 months ago

"Distress to Rent" as it was known, was abolished some years ago unfortunately.

Chris Daniel

4 months ago

Councils shouldn’t be telling them to stay.
They should be recording a Homelessness application, But - that would put them on their bulging waiting list, Plus, there’s Govt encouragement for L.A.’s to suppress Homelessness stats !
On seeking High Court Enforcement Officers to evict, this should be done when asking for Possession, Not afterwards, as it then takes as long as waiting for the County court bailiffs.
Tricky part, is thee’s No place on N5b or PCOL to Request it, so Possession ‘experts’ need to be savvy about this.
PossessionFriend.uk

1 2 5

Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

OR

BECOME A MEMBER

Training Tips for Accidental Landlords