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 Luke P

11:36 AM, 12th March 2018, About 4 years ago

Reply to the comment left by Neil Patterson at 05/03/2018 - 10:55
Neil, it's probably best if we as LLs don't refer to s.21 notices as 'no fault'.

by Michael Barnes

16:40 PM, 12th March 2018, About 4 years ago

Reply to the comment left by Judith Wordsworth at 06/03/2018 - 10:56
Assuming that the notice to quit was valid:

I believe that the Distress for Rent Act does not apply in your case because you continued to take rent and did not take action to evict when the notice to quit expired.

Further, I believe that the original tenancy ended and a new tenancy was created by your taking rent.
That tenancy would be periodic from the outset.
Further, you probably fall foul of the deposit protection regulations.

However, if the notice was not valid (e.g. insufficient notice, ending on wrong day, or not served in accordance with the contract [such as 'email not expressly allowed for service of notice']) AND you did not write to the tenant accepting the notice, then the original tenancy probably continued.

by Michael Barnes

16:43 PM, 12th March 2018, About 4 years ago

Reply to the comment left by Michael Barnes at 12/03/2018 - 16:40
If a tenant holds over after expiry of their accepted notice to quit, then (I believe) you need to write to the tenant stating that you will not accept further payments as rent but as mesne profits, to avoid creating a new tenancy.

by Michael Barnes

16:45 PM, 12th March 2018, About 4 years ago

Reply to the comment left by David Price at 06/03/2018 - 14:29
Double rent is not conditional on having a tenant waiting to move in.

by Michael Barnes

16:52 PM, 12th March 2018, About 4 years ago

Reply to the comment left by DALE ROBERTS at 06/03/2018 - 06:59
The part of Distress for Rent Act that was repealed was the ability for a creditor to seize debtor's assets without a court order; that seizure is 'distress'. Section 18 is still active.

Double rent for holding over is NOT distress, it is just a measure to dissuade tenants from holding over after the tenant notice has expired.

http://www.legislation.gov.uk/apgb/Geo2/11/19/section/18

by DALE ROBERTS

16:54 PM, 12th March 2018, About 4 years ago

I was informed that Distress to Rent was abolished in 2014. Please advise on what basis this may still be implemented and according to what verifiable source.
I agree with your comment regarding mesne rental.

by Michael Barnes

16:57 PM, 12th March 2018, About 4 years ago

Reply to the comment left by Michael Barnes at 12/03/2018 - 16:45Further to my comment that double rent is not dependent on having a tenant to move in, I have re-read the section.
The statement
And whereas great inconveniences have happened and may happen to landlords whose tenants have power to determine their leases, by giving notice to quit the premisses by them holden, and yet refusing to deliver up the possession when the landlord hath agreed with another tenant for the same:
is explaining the reasons for introducing the law; the law that follows that statement makes no reference to having a tenant ready to move in..

by DALE ROBERTS

17:25 PM, 12th March 2018, About 4 years ago

Reply to the comment left by Michael Barnes at 12/03/2018 - 16:52I was told by the Solicitor, that is handling the eviction of a non-paying tenant, that I could not claim double the rent after the Section 21 was ignored and I was forced into issuing a Section 8. Although I submitted double rent claims for the months of August 2017 to the February 2018 eviction hearing I was only awarded the cumulative correct monthly rental in the CCJ. For the period the tenant remains in my property until High Court Bailiffs evict her - I have been granted a daily mesne rate commensurate with the original monthly rental.
Not that I have any possibility of attaching any assets. The tenant has by now ferreted anything of personal value from my property in order to avoid the Writ for Control I am seeking from the High Court alongside the Writ for Possession.

by Michael Barnes

17:31 PM, 12th March 2018, About 4 years ago

Reply to the comment left by DALE ROBERTS at 12/03/2018 - 17:25
Double rent is for when tenant gives notice and fails to leave, not when landlord gives notice.

by DALE ROBERTS

18:00 PM, 12th March 2018, About 4 years ago

Reply to the comment left by Michael Barnes at 12/03/2018 - 17:31
Thank you Michael. I really appreciate your kindness in responding.


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