How do I apply to enforce a Section 21 in a court application

by Readers Question

9:57 AM, 10th November 2015
About 3 years ago

How do I apply to enforce a Section 21 in a court application

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How do I apply to enforce a Section 21 in a court application

I have an aggressive tenant who always pays late and who I would like gone. I recently tried to increase the rent after 3.5 years, but he refused to pay it or sign a new contract.application

I issued him a Section 21 notice requiring possession, but he is refusing to leave under instructions from the council and he is on benefits.

An agent told me to apply to the court through PCOL for the eviction notice but the form says that it can only be for rent arrears.

Although the tenant is technically not in arrears, paying one week at a time, I want him gone because of late constant late payments, aggression, not adhering to contract etc. The PCOL form says it is only for situations of rent arrears.

What form online can I fill in on compliance with the lease and refusing to sign another.

Many thanks

Paul



Comments

Neil Patterson

10:05 AM, 10th November 2015
About 3 years ago

Hi Paul,

I have previous articles which I hope you will find useful:

Government move to issue accelerated possession claims online >> http://www.property118.com/government-move-issue-accelerated-possession-claims-online/70206/

Speedy evictions – The whys and wherefores >> http://www.property118.com/speedy-evictions-whys-wherefores/69309/

3 steps to court approval for speedy evictions >> http://www.property118.com/3-steps-court-approval-speedy-evictions/69742/

Fees for issuing a possession claim in the county court set to increase by £75 >> http://www.property118.com/fees-for-issuing-a-possession-claim-in-the-county-court-set-to-increase-by-75/76769/

Tenant eviction webinar questions part 2 >> http://www.property118.com/tenant-eviction-webinar-questions-part-2/77704/

Anthony Endsor

10:44 AM, 10th November 2015
About 3 years ago

What? A troublesome Housing Benefit tenant?
We don't hear of many of them do we?

Tessa Shepperson

11:53 AM, 10th November 2015
About 3 years ago

You are quite right, PCOL cannot be used for section 21 claims.

There is a special procedure you can use, which is laughingly called the 'accelerated procedure' which actualy takes about 8-10 weeks.

I have an article on my blog about an actual case I did a couple of years ago which shows exacly how long it took to evict a benefit tenant http://www.landlordlawblog.co.uk/2012/10/09/evicting-housing-benefit-tenants-kates-story/

I have a free guide you can use which you will find here http://www.landlordlaw.co.uk/whichpossessionproceedings which will help you work out what is the best procedure, how to avoid some of the pitfalls and where you can find more help.

Harry Chunk

14:31 PM, 10th November 2015
About 3 years ago

Constant late payments, aggression, potential damage to property, breach of tenancy agreement are all grounds for issuing Section 8 notice.

Tessa Shepperson

16:10 PM, 10th November 2015
About 3 years ago

@Harry But if you issue proceedings for possession based on those grounds (which are discretionary not mandatory) and they are defended (particularly if your tenant gets legal aid) it could end up taking a year or more and costing you many thousands of pounds.

And you may end up with no possession order if the Judge finds for the tenant - in which case you will have to pay his legal costs!

This section of my Which Possession Proceedings Guide http://www.landlordlaw.co.uk/whichpossessionproceedings-a8 explains why

Then read the Guide from the beginning http://www.landlordlaw.co.uk/whichpossessionproceedings

Don H

21:00 PM, 10th November 2015
About 3 years ago

Having just gone through the full eviction process as a result of the somewhat bizarre behaviour of a "tenant" I am sorry to hear of your plight and, as has been mentioned by Tessa the so called Accelerated procedure is not quite what it sounds like. However, it is worth it in the end - once you have cleaned up the mess and damage that is left in their trail..

That said, I never cease to be amazed to hear of Councils - and/or Shelter and CAB - advising or encouraging tenants to remain in the property "till the bitter end" without ever trying to understand the problem behind the Landlord wanting to evict the tenant. Yes I know that it is the law, however, if the tenant is a problem to neighbours whether it be noise, drugs or any other anti social behaviour it does seem fascicle for the tenant to be encouraged to remain till the Bailiff has been assigned to the case (regardless of whether the original action was via a Section 21 or a Section 8 notice).
Maybe it is the underlying law that needs to be amended for certain - specified - scenario.

Dr Rosalind Beck

21:30 PM, 10th November 2015
About 3 years ago

If the tenancy agreement asks for monthly payments in advance and, say your tenant must pay on the 10th of October and it is now the 11th of November and he owes for the month of October and now hasn't paid on the 10th of November, I believe this is equivalent to the Housing Benefit Office's requirement that a person be the equivalent of 8 weeks in arrears and you can then get direct payments - this could help minimise losses as the court procedure progresses. Good luck.

JohnCaversham

9:28 AM, 11th November 2015
About 3 years ago

If you can show constant documented arrears and/or late payments you can apply to the council for direct payments, if they don't play ball then i'm sure i came across legislation that demands direct payments under just such circumstances? But in any case talk to the council in the first instance, but be firm.
For future ref, if you take HB tenants you are within your rights to ask for direct payments right from inception as a condition of issuing the tenancy or not. It will be a decision make by a 'board' of some sort, however if its part of the tenancy agreement and you refuse to issue a ten.ag. without it, so the tenant will not be housed otherwise, then the council will yield..It most definitely can be done..Plus you'll then have 'authority' on the account too so you can phone and sort any issues your darling diligent tenant may have with their claim..Good luck
J


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