Tenant eviction?

Tenant eviction?

9:59 AM, 16th January 2023, About 2 weeks ago 8

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Hello, My tenant has been served a section 21 notice (runs out in Feb 23). Got a professional company to write and check all paperwork before posting it.

The problem I now have is the tenant has missed 2 month’s rent then paid the following month and now missed this month’s rent.

I looked into a section 8 but that would mean going to court to argue the case.

Not sure if this would interfere with section 21 notice.

All I want is to empty the property and the bonus would be if they started paying the rent up to eviction.

I really need some help if someone has been in a similar situation.

Just to make matters worse, the tenant was ok about moving out in the 2 month’s notice until she spoke to local council for rehousing who said stay put till bailiffs kick you out, then we can give emergency housing.

This looks like 6 months.

Thank you,

Nick



Comments

TheMaluka

15:32 PM, 16th January 2023, About A week ago

Regretfully this is all too common. Issue a section 8 or a section 21 notice and the tenant immediately stops paying the rent. The best suggestion that I have is to take the tenant to court using moneyclaim on line - a very easy if tedious process which is relatively cheap. After nearly three weeks you can obtain a default judgement as the tenant is unlikely to defend. The tenant will then be considered intentionally homeless by the council which will not offer any help with accommodation.

Freda Blogs

15:40 PM, 16th January 2023, About A week ago

Reply to the comment left by TheMaluka at 16/01/2023 - 15:32Do you know whether you can mention in the letter before action the bit about making themselves intentionally homeless, or would it constitute a 'threat'? Perhaps provide a link to the relevant part of the Council or UC website?
Could be a useful tool for Landlords in the OP's position.

DSR

15:48 PM, 16th January 2023, About A week ago

quick letter to tenant to state that while the S21 does not state arrears as the reason for issue, when the Council ask for a reference/input from the Landlord after to aid a homeless application, you are obliged to list all arrears and any other issues that led up to the possession claim in the first instance.

As a result, purposely not paying rent AFTER the possession claim was made only serves to show the tenant is actually making themselves purposely and intentionally homeless by beaching his tenancy agreement . This would make their homelessness claim void and they would receive no help at all from the council. (copy and past any info from the council website to back this up!)

It would be beneficial therefore for the tenant to maintain rent payments until such time as they voluntarily move out or until the court award possession. Offer a surrender of tenancy too.

Get in touch with the TDS and ask for mediation - just go through the process even though it will probably be pointless - at least you can show you have tried everything if you do end up going to court

TheMaluka

15:51 PM, 16th January 2023, About A week ago

Reply to the comment left by Freda Blogs at 16/01/2023 - 15:40
I believe that DSR has given an excellent reply to your query.

Paul Dobson

7:55 AM, 19th January 2023, About A week ago

Hello,
Something also to consider, and something we had never done before. Is to go through the small claims court.
Amazingly and after some time and mature communications the unpaid rent was paid.
The cost of doing this is not high, it's all on line and the cost was also paid back to us.
I wish it was not necessary - but it worked.

Simon F

11:37 AM, 19th January 2023, About A week ago

I have used small claims procedure for arrears and don't understand why so few landlords use it. Starting point is Money Claim Online on .gov.uk website. Need to send a letter first stating your intention to take county court action giving a couple of weeks for settlement. Given that you don't know where the tenant will go as/when they leave, I would start that now whilst you have an address to serve notice.

TheMaluka

13:11 PM, 19th January 2023, About A week ago

Reply to the comment left by Simon F at 19/01/2023 - 11:37
You only have to serve at the last known address of the debtor, which is easy as it is your property. It does not matter if the tenant has done a runner.

Noel Greene

16:18 PM, 20th January 2023, About 6 days ago

Are they on housing benefit 8 weeks arrears and you can apply for any monies coming in that direction to be paid straight to you. Alternatively I would issue a section 8 as well and tell them that if they force you to evict on section 8 they will never find alternative accommodation

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