Finding it impossible to evict tenant

by Readers Question

11:28 AM, 28th March 2017
About 2 years ago

Finding it impossible to evict tenant

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Finding it impossible to evict tenant

I have a tenant, who has not been paying rent since December 2016. I served Section 8 and Section 21 notice together in Jan 2017. I attended hearing under Section 8 Grounds (mandatory) for more than 2 months in arrears. During the  hearing the tenant alleged that, he made December payment in Cash therefore he alleged that at the time I served Section 8 notice he was in only 1 month in arrears. The Judge asked him to provide evidence to which he responded he may have CCTV Evidence, Judge ordered that, he files and serves video evidence by 17/03/2017 which he failed to do. Judge also ordered at the same time to attend hearing on 24/03/2017.

He turned up on 24/03/2017 and filed another defence in writing before entering court room. He alleged that, he replastered and repainted the whole house, got new fridge and also contributed £300 towards boiler replacement in Cash which he is intending to offset against “Rent Arrears”.

To put this matter in prospective, all of this work carried out was conducted before he moved into property. He voluntarily did this work and the property was habitable before his occupation. He provided video evidence that entered the house the day when rent was due in December which was not in dispute in any case. As I went there they told me that they could not pay until the following month when they intend to pay both months together.

Judge was rather biased and stated that he had no choice, but to list the case for Trial to test the oral evidence, but did warn first available date would be in months. I pleaded and made him aware of mounting Rental Arrears to which he took no notice.

I am tempted to go down Section 21 Route, but I am not sure, whether he will again contest this and I will waste further time during this process. The Section 21 expires on 17/04/2017. Therefore I can commence process after this date.

Any advice would be appreciated

Simon



Comments

Neil Patterson

11:30 AM, 28th March 2017
About 2 years ago

Hi Simon,

Please also check our tenant eviction page under the legal advice tab >> https://www.property118.com/evicting-tenants/

Mark Crampton Smith

12:01 PM, 28th March 2017
About 2 years ago

I am a letting agent managing over 850 properties in a number of different areas..... we always advise our clients to use professionals to secure vacant possession... the cost of a solicitor may seem prohibitive at the outset but there are too many variables for the unwitting amateur. The only time S21 or S8 possession claims have gone wrong is when the LL has not taken our advice and made their own application to the court.
If I were you, I would employ a local solicitor (who is known to the court) to action your possession hearing in respect to your determined S21.

CARIDON LANDLORD SOLUTIONS

12:02 PM, 28th March 2017
About 2 years ago

Dear Simon,

Feel free to give me a call so I can offer you some free advice.

Mark Lynham

12:15 PM, 28th March 2017
About 2 years ago

I have never evicted under Section 8 and have always been advisied to avoid it for reasons that you are experiencing.

never had a problem with the section 21 route because all you are saying is that you want your property back and as long as you have followed the correct procedures it should be straight forward.

Michael Barnes

12:20 PM, 28th March 2017
About 2 years ago

Section 21 dates do not sound right:
- served January
- expires on 17/04/2017.

Monty Bodkin

12:42 PM, 28th March 2017
About 2 years ago

Reply to the comment left by "Mark Crampton Smith" at "28/03/2017 - 12:01":

"I would employ a local solicitor"

I wouldn't -unless they are doing this type of work day in, day out.
When choosing a solicitor, I would go for one specialising in evictions.
In my experience, the average high street solicitor could be classed as an 'unwitting professional' when it comes to the increasingly complex area of evictions.

Mark Crampton Smith

12:58 PM, 28th March 2017
About 2 years ago

Reply to the comment left by "Monty Bodkin" at "28/03/2017 - 12:42":

Agreed....... That is why I stipulated knows the court...... If a local solicitor has a relationship with the court, that can often swing the judge in our clients favour if the tenant is trying one from any permutation of delaying tactic defences...... sometimes the larger processing firms are viewed with as much scepticism as the unwitting amateur or professional.

Gary Dully

17:16 PM, 28th March 2017
About 2 years ago

Simon,

Ditto on the above comments

Firstly congratulations for actually having a go at this stinking, rotten process, in the first place and put your current woes down to training.

You are now learning what no training course can ever buy, (nerve wracking terror ), that you will never forget and many amateurs wouldn't have dreamt of doing.

You are now an experienced professional landlord, welcome to the club!

It's probably going to have to be via Section 21 for speed.

As for dates on the notice do a search on Google for PIMS and speak to Richard.

As for the arrears, get a suitable settlement figure established and then sue for not paying it, after you gain possession, at a later date.

In regards to the court evidence tricks, you should always tell the judge that the tenant is trying to mislead the court.

He has undertaken works, both before and since moving in, without obtaining written permission from his landlord and is in breach of his tenancy by doing so.

Pull out your agreements telling him that you do not grant permission, he is unqualified and has placed your property at risk.

Some works were carried out, which you asked to be put right before your agreement and was not intended to offset future rents, otherwise they would have been written into the tenancy agreement as a rental credit in its terms.

But they weren't, because it was never agreed to be that way in the first place and the tenant is in breach.

No landlord in their right mind would try to bring a repossession hearing based on a deceit and the same applies here.

Also you were not given the new evidence within the time specified in the CPR, (Civil Procedure Rules), for PCOL and you can ask the court to dismiss them as they were handed to you 2 minutes before the hearing.
Chances are that they wouldn't, but it's worth a try.

Bear in mind that the judge is being asked to make somebody homeless and you are the bad guy in all of this until you prove otherwise.

Keep going and don't give up!

Simon Hall

19:17 PM, 28th March 2017
About 2 years ago

Reply to the comment left by "Michael Barnes" at "28/03/2017 - 12:20":

Michael, he got more than 2 months as I served after rent due date. I know deregulation bill states that, 2 months and 4 days as a minimum but clause in my contract caused me to serve him Section 21 Notice close to 3 months. Hope it makes sense.

Simon Hall

19:20 PM, 28th March 2017
About 2 years ago

Reply to the comment left by "Gary Dully" at "28/03/2017 - 17:16":

Gary,

Thanks for your sound advice. I have in past spoken to Richard and I do find him slightly aggressive,who only listens for second and goes on for 10 minutes before shutting you down...:-) That's the whole reason why I did not join PIMS. (My opinion)

I have heard that, tenant can still bring same issues with Section 21 Notice? I am impressed what you have stated that, he has done all work unauthorised.

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