Possession date – tenant still in – what next ?
This is the first time I have formally evicted a tenant with the aid of a solicitor – He obtained an order for possession in 2 days time.
The tenant (LHA) will not communicate with me. I could phone her mother (guarantor) but she gets very abusive and I doubt she would want to answer any questions truthfully. I live 5 hours drive away and have been successfully self managing until this point. Neighbours tell me there are still lights on in the house from time to time – but the neighbours work and probably wont see a day-time moving out….
How am I to find out if she has actually moved – or should I just inform the solicitor to get the bailiffs in ?
This is also the first time I will have had to keep a deposit (registered with Mydeposits). Any advice as to how to do that ?
Thank you
All Bankers …..
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Our Most Helpful Members
Member Since November 2013 - Comments: 342 - Articles: 1
4:00 PM, 13th November 2014, About 11 years ago
her rent is paid direct to me by the council but they are deducting £40 a month clawback (her fault through not completing an earlier claim properly.) She has refused me entry all year for maintenance so I don’t know what state the house is in……
a real dilemma
Member Since March 2014 - Comments: 143 - Articles: 129
4:06 PM, 13th November 2014, About 11 years ago
Ah OK.
I’m afraid, and as you have already eluded to, it’s a commercial decision.
You could apply for the s42 transfer to allow an HCEO to evict at a cost of £50. If granted quickly you could then decide whether to use it. At least you would have a fairly prompt option of instructing an HCEO if necessary.
Member Since January 2011 - Comments: 12193 - Articles: 1396
4:08 PM, 13th November 2014, About 11 years ago
Reply to the comment left by “David Carter” at “13/11/2014 – 15:58“:
I agree
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Member Since November 2013 - Comments: 342 - Articles: 1
4:10 PM, 13th November 2014, About 11 years ago
Reply to the comment left by “David Carter” at “13/11/2014 – 16:06“:
What would be the cost of instructing a HCEO David ?
Member Since March 2014 - Comments: 143 - Articles: 129
4:24 PM, 13th November 2014, About 11 years ago
It varies between £300 and £1000 really.
Just be careful of new HCEO companies offering 7 day evictions. My recent article highlights the pitfalls of these.
If you want a quote from us please fill in the enquiry form on my business profile page.
Member Since November 2013 - Comments: 342 - Articles: 1
5:04 PM, 13th November 2014, About 11 years ago
Thank you … I have just spotted something else in the paperwork which I am preparing to take up to court on Monday (if necessary).
My brilliant housing benefit landlords liasion officer (who I have dealt with for years and who is a great professional) has been telling me that as soon as the tenant leaves my property the clawback will stop. HOWEVER one of the standard council format letters says they can continue the clawback even if the tenant has left the property……
I need to clarify this with him and he has gone home for the day now….. IF the council claw back All of this money £1500) plus the £2k arrears, there will be a £3.5k loss to myself plus the redecoration costs/council tax costs etc etc
Any of you newbies reading this still keen on entering the LHA market ???? ……
Member Since January 2011 - Comments: 12193 - Articles: 1396
5:14 PM, 13th November 2014, About 11 years ago
Reply to the comment left by “All BankersAreBarstewards Smith” at “13/11/2014 – 17:04“:
Ask him to show you the legislation upon which he is making this claim – it does not exist!
Unless you were party to a fraudulent claim no judge will award that debt to you and no judgement means it cannot be enforced. DO NOT pay up, if threatened tell yhem you will see them in Court. Even if I’m wrong (and I know I’m not) you would still have up to 30 days to pay after the judgement before your credit rating is affected.
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Member Since July 2013 - Comments: 184 - Articles: 1
5:21 PM, 13th November 2014, About 11 years ago
Don’t worry. I have been through the same as you earlier this year. HB dept confirmed with me that as soon as my tenant had gone I would not be pursued, as it is “her claim”, ie the deby (clawback follows her to her next landlord). I also had that same standard letter )i think it’s more to do with council rules) and told council that I would be taking them to tribunal if they insisted on clawback. BUT, they were quite open and transparent that the clawback follows the tenant.
Member Since November 2013 - Comments: 342 - Articles: 1
5:22 PM, 13th November 2014, About 11 years ago
Thanks Mark – I wrote to the council on 18th October telling them I was challenging their decision, and asking for information about their claims. I sent it registered. I have had no reply. I will wait till the month is up and then initiate a formal complaint – as their protocols say that a Landlord cannot challenge them more than a month after the landlord has been informed.
Its all so much time……. If I were to get possession next week, and if the council were to stop the clawback when she moved out (they have only taken about £60 up to now) I might be willing to drop it just for some peace and quiet……
I want her out more than anything……..
Member Since November 2013 - Comments: 342 - Articles: 1
5:23 PM, 13th November 2014, About 11 years ago
Reply to the comment left by “AA Properties Wales ” at “13/11/2014 – 17:21“:
Thanks AA… that is reassuring…… I asked about landlord meets in South East Wales a little while back – do you go to/know of any ?
bw