Story of an Eviction
I thought it might be helpful to other readers to post a blog on an eviction process.
In one of my HMO’s, I have just had a Section 21 expire and my tenant still present… Joy.
He is 29, able-bodied, and plays for a local cricket team, but has never done a stroke of work in his life.
Until last November his rent of £400 pcm was paid by the council, but then it dropped to the capped amount leaving him circa £80 pcm to top up with. Of course he has not paid a penny, though always has money for booze, fags and electric guitar equipment, with which he disturbs the other tenants in the HMO.
Having said all that, he is quite a personable chap, and I for one cannot fathom why he cannot or will not get himself a job.
He has had three months to find somewhere else and I don’t think has really bothered to even try.
I informed him back in March, informally, that if he could not meet the rent he would have to find somewhere else. Nothing changed, the noise nuisance worsened, and we served him with a Section 21, which effectively gave him ten weeks’ notice. I bought the HMO July 2011, and inherited him with the house, he is NOT a protected tenant, only having been there from 2009. No deposits were passed on from the previous landlord.
So, what would your advice be at this point?
I am thinking of removing his bedroom door, as it is my property…!!?
Has this been tried before?
Seriously though, I am not sure yet what processes and expenses will be generated by this process…
Will the council continue to pay their part of his rent through the eviction process or will this just stop?
Is it my bounden duty to give him free electricity,water, heating etc while the process goes on?
Perhaps he would also like some free clothes and a chauffeur service too?
How long will all this take?
Is this “enforced charity” just part and parcel of being a landlord?
Is there any way of claiming compensation from him/his family/the council..?
All comments and suggestions welcome, and I will try and update this thread as often as possible.
Ian Simpson
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Member Since August 2013 - Comments: 201
4:47 PM, 21st August 2013, About 13 years ago
It seems that you will need to go through the various formal procedures to evict him. Make sure you do it perfectly and to that end there is much information on this and Vanessa’s (property tribes) site.
Some legal advice may be useful.
Would you pay for him to leave say, within 7 days by paying the deposit for him on the next place?
Galling I know, but it will mean you can make more than this back in renting out your place again.
If you chose to do this, remember to make clear to him that no money will be forthcoming until he has physically moved out and signed a document that he has ended the tenancy of his own making.
Again, depending on if you are obliged to pay back any deposit he paid to the prior LL, make sure that any money you give him is signed as to be the return of that deposit.
You will probably need legal advice on this point.
Member Since January 2011 - Comments: 12196 - Articles: 1396
4:52 PM, 21st August 2013, About 13 years ago
Reply to the comment left by “Ian Simpson” at “21/08/2013 – 16:32”:
Hi Ian
That’s around double the price I would expect even if it went all the way to bailiffs.
.
Member Since July 2013 - Comments: 23
5:17 PM, 21st August 2013, About 13 years ago
Reply to the comment left by “Ian Simpson” at “21/08/2013 – 16:32”:
Ian you dont need a solicitor to do a section 21 eviction, you can do it yourself but if you are not very familiar with the process get some help to make sure you get everything correct. A small mistake can set you back months.
See my first post for a link to a good place to start looking for help.
Comments: 126 - Articles: 2
5:23 PM, 21st August 2013, About 13 years ago
Reply to the comment left by “Ian Simpson” at “21/08/2013 – 16:32”:
I agree with Mark – way over the top. £275 court fee? Where have they got that from? £100 or £175 for the application and another £110 if you use county court bailiffs. Tell them to google for EX50 (the court fee guide
Member Since January 2011 - Comments: 12196 - Articles: 1396
6:09 PM, 21st August 2013, About 13 years ago
I think Dave charges about £30 to serve the section 21 and £65 to complete the Court papers. Correct me if I’m wrong Dave
Comments: 126 - Articles: 2
6:16 PM, 21st August 2013, About 13 years ago
5p wrong on each one Mark! Not bad though.
However, I must be clear that although for the s21 notice there is no practical difference but with the court side of things, the help you get from ourselves is less thorough than a solicitor (should) offer – there is a little bit of DIY – but a lot of saving.
Standard court fee for a s21 £175.
Member Since August 2013 - Comments: 185
6:48 AM, 22nd August 2013, About 13 years ago
Apologies all – was quoted £175 , not £275 for the court fee… Legals estimate £1275 + VAT … Am hoping that said tenant decides to accept the cash to move out by end of August , thus saving me solicitor time and court fee. ( I have time limited the offer – I dont feel therre is any point leaving it open-ended). His spiel at present is he is registered with many many agents and they are looking for somewhere for him…. I feel he could always go and live with his father while he is room-hunting…..
Member Since January 2011 - Comments: 12196 - Articles: 1396
8:00 AM, 22nd August 2013, About 13 years ago
Reply to the comment left by “Ian Simpson” at “22/08/2013 – 06:48”:
Hi Ian
Only one legal services firm I know to can boast they have completed over 25,000 evictions and that’s Landlord Action. Their fees are around half of what you have been quoted even if the case goes though all three stages, i.e.
Stage 1) Serving the notice
Stage 2) Applying to Court and attending the possession hearing
Stage 3) Forced removal using bailiffs
Please see >>> https://www.property118.com/tenant-eviction/39099/
I see no reason whatsoever for you to pay what your solicitor has quoted.
Good luck!
.
Member Since August 2013 - Comments: 185
9:30 PM, 27th August 2013, About 13 years ago
Have made some enquiries regarding deposit : Tenant says yes (of course) – but has lost all and any paperwork. Previous owner of property and landlord, says NO, but there was a guarantor. This statement came on email so is admissable as proof of the non-existence of a deposit in my book…. Am awaiting any paperwork from previous landlord – he should have passed it over in the sale, but really, it was all run on rather a shambolic basis previously…
Member Since August 2013 - Comments: 185
9:07 PM, 3rd September 2013, About 13 years ago
OK, One month opportunity for tenant to leave with a £400 gift / bribe/whatever , now gone. Solicitors 1 disinstructed, landlord action now instructed … £675 – let’s see if they can do as they claim…..!!