Eviction under a Periodic Tenancy?

Eviction under a Periodic Tenancy?

10:48 AM, 5th March 2018, About 4 years ago 43

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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

by David Price

12:20 PM, 7th March 2018, About 4 years ago

Reply to the comment left by DALE ROBERTS at 07/03/2018 - 12:05Provided that the tenant has a tenancy of longer than six months then the council cannot persue you for council tax, LGFA 1992 section 6.

by DALE ROBERTS

12:37 PM, 7th March 2018, About 4 years ago

Reply to the comment left by David Price at 07/03/2018 - 12:20
I know. But some landlords do not. I managed to remove my name from the tax bill and have the tenant reinstated as the debtor.
The same conditions apply to national utility companies BUT if the heating is provided by a private company the debt accrues to the property. Hence the "professional" tenant in my property has not paid her heating bill since taking occupation of my unit in the full knowledge that I will be held accountable on her behalf once she is evicted. Private utility companies do not act as debt collectors against the tenant. I will be unable to sell my property unless I settle her almost GBP3000 heating bill as they work in conjunction with the managing agents.

by Judith Wordsworth

13:18 PM, 7th March 2018, About 4 years ago

Thanks for all the pointers. It looks like I need to serve a s21 4(A) and s8 HA 1988 at the same time to the tenant.
Then wait 2 weeks before starting court proceedings.
Ask at the same time for s42 of the County Courts Act 1984 for it to be referred directly to the High Court for High Court enforcement? If anyone has the correct words would be grateful if you could post them here please as understand that's quite important.
For the arrears: action via the Small Claims Court with co-defendants ie the tenant and her guarantor.

by DALE ROBERTS

13:27 PM, 7th March 2018, About 4 years ago

Judith, evicting a tenant is a nightmare. I speak from experience and the smallest mistake, however unintentional, will delay the procedure by weeks if not months and that includes getting the service date incorrect, the service notice incorrect or even incorrect name spelling or dates let alone how the Notice is served. Most specialist eviction companies charge a set amount to evict a tenant and it is well worth the expense. They will also advise you on whether all the landlord conditions to actually launch an eviction are in order before you initiate the process.
I'd be wary of doing this alone if it is not a straightforward case.

by Chris @ Possession Friend

19:42 PM, 7th March 2018, About 4 years ago

Judith is right, it has got a lot worse in last couple of years.
Tenancy P.I, especially not serving Gas cert, serving the wrong version of the Hoe 2 Rent are some of the recent problem area. If you think its bad, have a look at the new Abandonment process from April on PossessionFriend.uk that should give you nightmares 🙂

by sam

9:35 AM, 10th March 2018, About 4 years ago

U b penny wise n pound foolish to go it alone.

by Jessie Jones

12:56 PM, 10th March 2018, About 4 years ago

Judith,
I am the last person to want to use the services of a lawyer. However, having just evicted a tenant and experienced the difficulties that can be encountered, I would highly recommend that you use professionals to handle this for you. And try and use a law firm who have someone who specialises in this.
There are so many potential pitfalls, that have nothing to do with common sense, that trying to do it yourself is likely to be a false economy.
The process took 8 months, cost me about £2300 in legal fees, plus £4000 in lost rent. I'm pretty sure that if I had tried to save that £2300 in legal fees, then I would have ended up spending it later, and had £8000 in lost rent.

by Judith Wordsworth

15:38 PM, 10th March 2018, About 4 years ago

Drafting the 21 4(a) is fairly straightforward as tenant has been on a periodic tenancy since December 2014 but I will be looking for professional drafting of the s8 as want to serve both (Grounds 8, 10, 11 and 13) and also as her elder son is now over 18 and was a permitted occupant when a child.
The lost rent I will be looking to have a money order in s8 or small claims with co-defendants (tenant & guarantor).
Getting, not unsurprisingly, no helpful advice from local authority even though having to have a Landlords Licence. But have written to them stating she will be making herself (and young son under 4 years) deliberately and intentionally homeless. And her older son will have to get himself a job!

by Chris @ Possession Friend

21:09 PM, 10th March 2018, About 4 years ago

Reply to the comment left by Judith Wordsworth at 10/03/2018 - 15:38
Judith,
Can I help,
PossessionFriend.uk

by Judith Wordsworth

21:35 PM, 10th March 2018, About 4 years ago

Reply to the comment left by Chris Daniel at 10/03/2018 - 21:09
PossessionFriend.uk. I'll contact you Monday to discuss. Many thanks
Judith


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