First time eviction advice

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    First time eviction advice

    Good evening
    I have a tenant in a HMO who is in rent arrears and has stopped communicating for nearly 3 weeks.
    They were on an AST for a fixed term that finished and we agreed it would then become a rolling monthly arrangement.
    I am going to bring the situation to an end now but this will be my first eviction. I have indicated below what I plan to do. Please let me know if should adjust this. I would be grateful for any advice.

    1 Advise tenant I wish to inspect room in X days.
    2 Use inspection as an opportunity to deliver documents (below) by hand in person or physically leave them in the room. I will use a recording device to prove this has happened.
    3 Documents will include a section 21 and 8 with EPC, How to rent guide and letter to the tenant.
    4 comeplete an N215 and submit to court with letter highlighting the above has been served and recorded

    #2
    You need to serve the Prescribed Documents before the notice, if you have not done so already.
    Are you confident the deposit admin is 100%?
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      Indeed: Check s21 here first..
      https://markprichard.co.uk/content/d...ecker-tool.pdf

      You just need to stick documents under door: Don't need to go in, just get it witnessed or photographed.
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        Thanks for the replies
        Yes my admin is all compliant

        Would supplying the copy of the how to rent guide and EPC pinned to the house message board be acceptable rather than under her door?

        Comment


          #5
          So your admin is not compliant then.
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            I had stated the guide and cert would be served in my first post. I did use the link you supplied.

            The house notice board has other certificates pinned to it (fire alarm, gas etc..) so I would think it reasonable to supply the extra documents to that? In this way I have then served the documents to all tenants, should I ever have need to issue a section 21 again.

            Comment


              #7
              Originally posted by PaulStafford View Post
              I had stated the guide and cert would be served in my first post. I did use the link you supplied.

              The house notice board has other certificates pinned to it (fire alarm, gas etc..) so I would think it reasonable to supply the extra documents to that? In this way I have then served the documents to all tenants, should I ever have need to issue a section 21 again.
              Judge might agree, but if tenant raises objections at the very least very probably delays, hearing..

              See this (might only be for members..)
              https://www.rla.org.uk/landlord/docu...rvnotice.shtml
              - which points out under Law of Property Act 1925 s196 - allows notice to be sufficiently served if left at the premises if such method of service was required by the Tenancy Agreement itself.

              Does the tenancy agreement state notice service is by this method?

              Note Shelter Legal here...
              http://england.shelter.org.uk/legal/...ed_tenancies#1

              HOW could you prove you served all notices PRIOR to s21 service?
              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

              Comment


                #8
                Helpful comments thank you.

                Fortunately I have some repairs to undertake at the house which means I will be attending communal areas (with 24 hours notice obviously) several times this week.

                Ok so I will video the guide and cert being put into an envelope and slid under the tenants door.

                Subsequently I will do the same with the section 21 and 8 a few days later.

                How does the N215 factor into things please and when should I complete?

                Comment


                  #9
                  I have been giving some thought to how this could play out. I’d like to offer the tenant a ‘deal’ on the rent arrears they owe currently if they leave very quickly, indicating that if they stay the two months they are entitled to, I will pursue them if they are still in debt to me at the end for the full amount.
                  Any comments would be appreciated. Would it be unwise to write a short letter accompanying the S21?

                  Comment

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