Finding it impossible to evict tenant

by Readers Question

11:28 AM, 28th March 2017
About 4 years ago

Finding it impossible to evict tenant

Make Text Bigger
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


Share this article

Twitter Facebook LinkedIn

Comments

Luke P

10:39 AM, 29th March 2017
About 4 years ago

Always use S.21 as it cuts out this type of nonsense.

Gary Dully

6:21 AM, 30th March 2017
About 4 years ago

Reply to the comment left by "Simon Hall" at "28/03/2017 - 19:20":

Simon,

I only suggested PIMS because they have a built in date calculator and section 21 generator as part of their service and Michael thought that the dates may be iffy on your section 21.

I too have spoken to Richard, on many occasions, and the biggest failure in the courts is an incorrect date calculation.
(Bear that in mind)

We usually talk for a good hour before I wear him out.

Everybody has a different personality and I prefer a bit of a forthright viewpoint as it saves time, to move onto something else more profitable.

But he can come out with some gems amongst the mud, when it comes to passing over information from real life cases.

He promotes the fact that PCOL was designed to enable Landlords to evict on a DIY fashion to save Landlords money.

He has talked me through the preparation of many a Court Pack, where I anticipated the tenants would put up a defense.

So I find the subscription to be of very good value, to the tune of £1000's saved and now is not the time to worry about a small subscription fee compared to what your tenant is costing you.

Glenn Ackroyd

18:00 PM, 2nd April 2017
About 4 years ago

I wouldn't mess around with your Section 8 case in court- you'll be dragged along for months.

Go to a landlord eviction specialist BEFORE you issue a claim on S21 grounds. They will want to check over your paperwork, lodgement of deposit, serving of the Prescribed Information, Gas Check, EPC, Tenant pack etc etc.

It's legislation that no landlord should DIY.

For what's it's worth. I always for for S21 and never bother trying to collect the rent arrears. You can never find them, or when you do you'll have a job on paying. And a money judgment gives them grounds to defend the amount by offsetting.

Get them out, move on.

1 2

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

Mortgage Express (Rosinca Mortgages) will not allow transfer of equity?

The Landlords Union

Become a Member, it's FREE

Our mission is to facilitate the sharing of best practice amongst UK landlords, tenants and letting agents

Learn More