How do you evict a tenant in £3,000 rent arrears?

How do you evict a tenant in £3,000 rent arrears?

0:01 AM, 21st October 2024, About 3 weeks ago 10

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I have a rogue tenant. Despite having signed a rent increase notice, he is refusing to pay the rent increase. The rent for similar properties in this area are between £1,000 to £1,200 per calendar month. His rent has been increased from £600 to £900 per month.

Also, he is in breach of the tenancy clause to set up a standing order. I have to chase him for the rent by texts and phone calls. He has been acting like this for the last 6 months. Due a mistake by me on the Accelerated Section 21 eviction form, I put the wrong date when the How To Rent booklet was given to him.

I am 82 years old and not too good with complex issues. The claim was dismissed by the Judge.The eviction notice was given properly and the eviction claim applied correctly. He is now £3,000 in arrears. I have already received a court order from the local court for rent arrears from previous rent arrears

Although the tenancy agreement was signed by him, he has his three adult relatives ( father,mother,and sister) living with him in the property. The eviction notice is well over six months old. Do I need to issue him with a new eviction notice and take a different route e.g. Section 8?

At the appeal hearing it had still not dawned on me that I had put in an incorrect date the How to Rent Book was given and why my case is being struck out again untill the judge pointed it out to me.

Can I go back and submit an affidavit to correct the date problem and proceed with the case or should I use Section 8 since his arrears are more than 3 months now.

I shall be very grateful for any useful advice. I know I should use probably use an eviction expert but can you please give any general advice on the points raised above.

Thanks,

Mohammed


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Cider Drinker

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9:55 AM, 21st October 2024, About 3 weeks ago

I would use an eviction specialist. Section 21 if it’s available or Section 8 if it is not.

Given the potential risk that S21 could be abolished before you get to Court, Section 8 might be the wiser choice.

K Anon

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10:35 AM, 21st October 2024, About 3 weeks ago

X2, eviction specialist

Alison Walker

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10:45 AM, 21st October 2024, About 3 weeks ago

I would 100% use an eviction specialist to avoid any further issues or unnecessary stress for you. As you have found out the hard way, even a minor error in your paperwork will work against you.

Throwing in the towel LL

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11:09 AM, 21st October 2024, About 3 weeks ago

I feel your pain. We have had a tenant in our property not paying any rent for almost a year now. We used an eviction expert which has cost us fifteen hundred pounds but the money we paid them did not stretch as far as getting the bailiffs sorted which we are having to do ourselves. We are now awaiting the bailiffs, this is exactly what the tenant wants as Birmingham city council has told her to stay put until she is literally turfed out. We have found absolutely no proper concise instructions on a government site to help a layperson handle any of this themselves. We are in our seventies and will be glad to get out of the PRS. We pay for membership to the NRLA and we think they should use our membership money to challenge the councils who give this advice to these rogue tenants not to leave until the bailiffs get them out because I'm sure it is not government directive.

DPT

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12:13 PM, 21st October 2024, About 3 weeks ago

I'm sorry to say that if you're "not too good with complex issues", you should get out of the landlord game. Its full of complexity and the tenant can see that you dont fully understand what you're doing and is exploiting it.

If you have already have a court possession order, why did you try to get another one instead of just applying for a warrant and bailiffs? They're valid for 6 years.

As has been said, use an eviction specialist.

Markella Mikkelsen

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12:32 PM, 21st October 2024, About 3 weeks ago

Mohammed,

Sorry to hear your story.
You have a possession order already you said. Apply to the Bailiffs of the court for a "Warrant of Possession" (Form N325). It's quite a simple form to fill out, but best get an eviction specialist to do it for you.
Depending on where you live, you will get a date some weeks from now of when the bailiffs can enter the property and get possession.

Chris @ Possession Friend

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13:22 PM, 21st October 2024, About 3 weeks ago

Mohammed, we can help ;
Enquiries@PossessionFriend.uk

Throwing in the towel LL

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14:13 PM, 21st October 2024, About 3 weeks ago

The courts are painfully slow and everything takes so long. The form N325 for Warrant of Possession is taking up to twenty weeks to action. God knows what it's going to be like once Section 21 has been abolished.

Judith Wordsworth

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14:28 PM, 21st October 2024, About 3 weeks ago

Is the tenant still paying the original rent?

If so, the shortfall between the old (£600) and the new (£900) ie the £300 has to equal a minimum of 2 months arrears ie £1,800 which the £3,000 obviously does.
Serve a s21 AND a s8 citing ALL the applicable Grounds of the 17 listed.

Have they challenged the rent increase via Rent Tribunal? If so then in England you generally cannot evict a tenant without following the proper legal procedures.

Lisa008

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13:20 PM, 3rd November 2024, About 6 days ago

Mohammed,

Don't try and deal with this yourself. There are professional scammers out there, plus, tenants get free legal advice, and help to 'stay put' and the council will tell them to stay put. Don't try and fight this yourself... get in help, use an evicition specialist. Put the costs down on your tax form as a legitimate business expense (legal fees).

I have a friend who put out an ad and got over 100 applicants. He chose the wrong one, and had 10 months of no rent and he took her to court. She left suddenly on her own so he's cancelling the court, but he's out of pocket by thousands too. The difference is his tenant is a professional scammer. He found out she's done it before at least twice... in your case... your tenants sound like they're not about to go anywhere as they know 'their rights'... so you can't afford to put a single dot wrong. Get a professional. Get the paperwork done properly and good luck.

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