Evictions during Covid-19 ban?
Hi all, We have a problem tenant who has alcohol abuse issues, is behind in his rent and really needs help that we cannot offer to him (although I am trying to work with him through the local support structures for both housing need and alcohol abuse). In short, we really need to end the tenancy.
My question is, during the current eviction ban is there anything stopping me from serving him notice to leave? I think he has family and friends locally who would likely take him in if he were not able to find alternative accommodation.
My understanding is that if I ask him to leave, and he goes willingly then that is legal. If he refuses, I have no recourse to the courts and have to wait my turn for court proceedings after the ban is lifted.
In short, if I ask him to go, am I breaking the law?
Thanks
Andy
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Member Since September 2019 - Comments: 251
10:59 AM, 27th August 2020, About 6 years ago
As far as I understand it, you are not prevented from issuing either the Section 21 or Section 8 notices. They only thing that is not going on right now are the actual court cases.
As it stands, notice on a Section 21 is 3 months. Section 8 is dependant on grounds.
Member Since October 2013 - Comments: 1642 - Articles: 3
9:19 PM, 28th August 2020, About 6 years ago
I have a tenant who is refusing to pay rent (currently £3000 arrears since February) and refusing to engage despite working and claiming SEIS. My agent caught up with him this morning and he first said he had Covid, which he doesn’t, then said he has mental health problems and he has been advised he can’t be evicted. He then said he doesn’t have to pay because landlords don’t have to pay their mortgages.
What do I do if he claims ‘mental health problems’? Would a court require a medical diagnosis to support that or simply accept his word?
Member Since February 2011 - Comments: 3453 - Articles: 286
9:45 AM, 1st September 2020, About 6 years ago
The Best people to seek advice from are Paul Shamplina’s Team at Landlord Action >> https://www.property118.com/evicting-tenants-landlord-action/