Story of an Eviction

Story of an Eviction

13:49 PM, 8th August 2013, About 9 years ago 42

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I thought it might be helpful to other readers to post a blog on an eviction process. Story of an Eviction

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



Comments

by Ian Simpson

16:33 PM, 13th August 2014, About 8 years ago

I think we served both 21 and 8 , but were advised to just go with the Section 21 as that is the statutory repossession, for end of tenancy etc, whereas the Section 8 was for a noise nuisance, and as that could be subject to evidence etc and thus might fail, it was deemed safer to continue with the Section 21, even though it takes a bit longer... I think in the eviction situation, damage limitation is what it is all about - getting the tenant out, the place cleaned up, and a new (human) tenant installed as soon as possible. Although I was awarded over £2500 costs, I did not expect to see a penny (nor got anything) - I feel the costs award is pretty much irrelevant as a result...

by Mark Alexander

21:16 PM, 13th August 2014, About 8 years ago

Reply to the comment left by "Ian Simpson" at "13/08/2014 - 16:33":

Don't give up and write off that amount of money Ian.

If you can trade the tenant then it's worth speculating a bit more money to get the judgement upgraded in the High Court and then appointing a High Court Enforcement Officer. They will confiscate all luxury items and sell them at auction, attach earnings orders etc. etc. etc. Basically they wil make the clients life hell until the debt is settled - see >>> http://www.hceoa.org.uk/
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