When to go to court ?

When to go to court ?

10:31 AM, 23rd April 2014, About 10 years ago 23

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Dear Readers,

We issued our tenants a section 21 a year ago, but after some discussion decide they could stay (they were going to buy the house), we left the section 21 in place.

They have now separated and can no longer purchase, so we gave them a months notice to end on Friday, the day their rent would be due. Our tenant has told us she has no intention of moving out, so my question is, can I go to court on Friday to apply for possession or do I have to wait until Monday ?

The last thing I want is to start all over again as she is already going into arrears !

Many thanks

SallyCourt

 


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Comments

15:50 PM, 25th April 2014, About 10 years ago

Sally, I'm on your side and this is intended as blunt but well-meaning advice. You come across as someone who has a little bit of knowledge - and that is a dangerous thing. You also come across as someone who is "winging it" - changing your mind about what to do as the situation unfolds.

I appreciate that you are not writing full chapter and verse on here and you may be better organised behind the scenes, but when you say things like "I served a Section 21 but I didn't give them notice", and "I served a Section 21 but told them they could stay" it makes me very nervous.

You've now had promises about rent being paid but years in the trade makes me very cynical and the involvement of the police worries me a lot. Things are obviously turning nasty and you're right in the middle.

Here in Leicester (and I'm sure its true everywhere else) if you're trying to evict someone with kids they go to the council and say "Help". The council respond by telling them to sit tight until the bailiff arrives. The council will do all they can to help them delay the arrival of that day. Tenants too will say whatever is necessary to delay the arrival of that day.

Worse than that, when you eventually get to court, if your notice isn't technically spot on, or you've failed to follow the correct process in any way the duty solicitor will spot it and eat you for breakfast. If you're lucky the judge will just grant a 21 day adjournment while you get your papers in order - if you're unlucky he or she will just throw it out and you'll be back to square one.

It sounds like you've now missed your window of opportunity to serve a S21 in time for this month. If they don't go, and you can't get a better result with a properly drafted Section 8 please please get a S21 served by (no disrespect here) someone who does it for a living in time for next month.

A properly drafted and served S21 is always mandatory grounds for possession. If you do it you WILL get your house back.

Sally T

16:09 PM, 25th April 2014, About 10 years ago

Hi, thanks for your concern. We are more organised than it sounds on here. The section 21 was correctly issued and we made it clear to them that although they could stay if they undid the damage they did, we would leave the section 21 in place in case they did it again so we could evict them quicker.
The whole police thing is between them as she's doing the battered woman routine (it's as insult to women who really are).
We've already made the decision not to accept anymore rent other than the £120 that takes her up to the end of her notice. We figured that of we took a months rent after this it would be the same as saying she can stay another month.
Her notice ran out today so we'll issue a summons on Monday.

Jeremy Wasden

13:07 PM, 26th April 2014, About 10 years ago

Reply to the comment left by "Sally T" at "25/04/2014 - 16:09":

Perhaps I misunderstand but why should the tenant live at your property rent free?

If they stay beyond the tenancy expiry date they should continue to pay even through the notice has expired. The tenancy does not end with the expiry of the S21 so continue to accept rent.

I suggest seeking legal advice on all these issues.

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