First eviction in 25 years – She asked as she wants a council house?

by Readers Question

9:14 AM, 18th May 2020
About 5 months ago

First eviction in 25 years – She asked as she wants a council house?

Make Text Bigger
First eviction in 25 years – She asked as she wants a council house?

Hi, I’m in the middle of getting paperwork ready for when evictions restart and have a couple of queries regarding the accelerated eviction form ( claim for possession of property). I served notification well before lockdown began.

1. I was aware I had to send a copy of the gas certificate that I gave the tenant when they moved in and the last one I gave them before notifying them of eviction but the form seems to suggest I need to send a copy of all the gas certs for the years in between which I do have, is this correct ?

2. Are there any landlords out there that wished they have got a solicitor to help when came to filling in this form or do you feel it’s quite straightforward and unnecessary to pay for legal help at this point. Any tips to avoid making mistakes.

3. I’ve got to pay the court fees, a solicitor should I use one and as seems likely using bailiffs so I’m wondering if I can claim any of this back from the tenant?

Many thanks

Gemma

 


Share this article

Twitter Facebook LinkedIn

Comments

Chris @ Possession Friend

12:44 PM, 18th May 2020
About 5 months ago

A solicitor is the most expensive option ( we have helped reclaim solicitors fees for botched Possession work )
The Section 21 process has been getting harder and harder for some years now and the recently revised form has gone from 7, to 18 pages !
We do offer free advice, ! - look us up and send an email ?

Mick Roberts

9:09 AM, 23rd May 2020
About 5 months ago

Yes we need clarification on this please:
1. I was aware I had to send a copy of the gas certificate that I gave the tenant when they moved in and the last one I gave them before notifying them of eviction but the form seems to suggest I need to send a copy of all the gas certs for the years in between which I do have, is this correct ?

As many of us haven't saved the old boiler certificates. Many of us have put new boilers in since. So what is the point? And I know their point is to delay stall the Landlord & the eviction, but if they've only just bought this new rule in about saving all past certificates, they surely can't do that retrospectively can they?

Chris @ Possession Friend

16:17 PM, 23rd May 2020
About 5 months ago

Reply to the comment left by Mick Roberts at 23/05/2020 - 09:09
I think it will become a point of contention depending on the weight a judge gives to it on a hearing.
Your right there is nothing in the legislation about keeping previous gas certs, so the initial and current obviously from Monty Shultz - being important, we really will have to wait and see.
That said , the Trecarrell case basically appealing the Shultz decision was heard 29th January and the ' reserved judgement ' is still awaited ! If judgement overturns Shultz, it will clarify the question you ask Mick.

Mick Roberts

17:34 PM, 23rd May 2020
About 5 months ago

Reply to the comment left by Possession Friend at 23/05/2020 - 16:17
Keep me posted via whataspp as well please, as I'm not getting every email notification at moment from 118 due to possible email faults with Hotmail.

Michael Bond

18:38 PM, 24th May 2020
About 5 months ago

Is it not the tenant who is asking to be evicted because she wants to be eligible for a Council House? If so and now that the eviction process has been made so difficult, supposedly for the benefit of tenants, is it reasonable for the landlord to go to the trouble and expense of correctly evicting her? There must be a limit to the extent to which we can be expected to go in order to protect our tenants from the politically motivated and simply incompetent who claim to speak on their behalf? Advise her to leave.

Chris @ Possession Friend

20:21 PM, 24th May 2020
About 5 months ago

Reply to the comment left by Michael Bond at 24/05/2020 - 18:38
Council - L.A won't be under an obligation to re-house her if she gives up - voluntary surrenders your Tenancy, as she'll be termed " Intentionally Homeless "
which is why she's asking you to evict her.
( A game, I know )

John Mac

15:57 PM, 25th May 2020
About 5 months ago

Gemma, you don't need to go through with the Eviction, Issue a Section 21 this should be enough for the Council to re-house her. Although in the current climate no-one can be evicted so Council may try to wriggle out of their Obligation.


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

Are These Auction Property Deals Worth it?

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