Evicting dss tenants

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    Evicting dss tenants

    After four and a half years of renting my main home to a family claiming HB, I now need to evict them. I issued a section 21 earlier this year but rescinded it. I was contacted by a housing officer and she explained that you pretty much have to follow the eviction process all the way to bailiffs in order for them to be re-housed. Here are my questions:
    1. Do I have to give 2 or 3 month notice now due to Coronavirus Bill?
    2. They are in arrears and have guarantors. Can I claim for any unpaid rent from the guarantors after the tenants have left?
    3. Can I ask the guarantors to pay court costs/bailiff fees after the tenants have left?
    I sent a normal section 21 first class and they say they haven't received it.
    4. Is the proof of postage sufficient to deem date of service?
    5. If they still haven't received it so I have to send another one with a later expiry date

    Thank you

    #2
    Usual advice here is to send two s21's on same day from different post offices, and get proof of posting.

    Please complete: https://forums.landlordzone.co.uk/fo...om-new-posters

    Surely proceed on your existing s21, as they've acknowledged receipt?

    Comment


      #3
      Originally posted by suzychi7 View Post
      I was contacted by a housing officer and she explained that you pretty much have to follow the eviction process all the way to bailiffs in order for them to be re-housed.
      Do not take advice from the local authority.
      Part of a Housing Officer's job is to keep people in rented accomodation and not in the care of the local authority.
      While they may be right (although that isn't in line with the government's guidance), they're not on your side.

      You will almost definitely have to go to court, because otherwise the local authority will say that the notice is invalid for some reason.

      1. Do I have to give 2 or 3 month notice now due to Coronavirus Bill?
      2. They are in arrears and have guarantors. Can I claim for any unpaid rent from the guarantors after the tenants have left?
      3. Can I ask the guarantors to pay court costs/bailiff fees after the tenants have left?
      I sent a normal section 21 first class and they say they haven't received it.
      4. Is the proof of postage sufficient to deem date of service?
      5. If they still haven't received it so I have to send another one with a later expiry date
      1 - If you serve a new notice it needs to be 3 months.
      2 - Yes - you can also sue them both if they decline. However, guarantor agreements are notoriously difficult to enforce if staunchly defended.
      3 - It depends on what the guarantor agreements says they're guaranteeing, but usually yes, with the caveat in #2
      4 - I should be for most addresses, it's more difficult if there's a shared mailbox, for example. Post almost never gets lost.
      5 - S21 notices expire 6 months after service, so a new one may be required or if may not.
      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


        #4
        Thank you so much for your responses. The s21 still hasn't arrived after one week! Anyway we have an amicable relationship. I discovered that I may not have issued the Prescribed info properly as the council paid most of their deposit so I have remedied that today with the LA and my tenants in person. Tomorrow I will hand in a new s21 by hand to them and ask them to sign that they have received plus follow up email acknowledgement.

        Comment


          #5
          Originally posted by suzychi7 View Post
          Thank you so much for your responses. The s21 still hasn't arrived after one week! Anyway we have an amicable relationship. I discovered that I may not have issued the Prescribed info properly as the council paid most of their deposit so I have remedied that today with the LA and my tenants in person. Tomorrow I will hand in a new s21 by hand to them and ask them to sign that they have received plus follow up email acknowledgement.
          Oh, dear. You mean you didn't send them the information about the deposit?

          Just hold fire until someone else holds your hand on this.

          Comment


            #6
            Yes I used an agent and they said they gave the PI on the tenancy agreement however third party couldn't be on the deposit as DPS only accept tenants until there is an named person for deposit from LA. That didn't happen for a long while as LA person left her job. Anyway long story short I have remedied everything. I have sent PI, Ts and Cs and deposit certificate to LA rep and also once again to tenants today by hand. I now believe that my second s21 will be valid unless anyone corrects me. Need to know asap as delivering s21 by hand to tenants tomorrow.

            Comment


              #7
              It was a catch 22 with the local authority and DPS. I sent the PI to LA rep who authorised the deposit but as she left the council no one could tell me who would be the rep. My emails were ignored for years!!!! I couldn't risk them sating they never received PI so decided to put everything in order today.

              Comment


                #8
                Another question: They are in arrears but not equivalent to 8 weeks. Can I take guarantors to small claims for the arrears and possession court costs and bailiff court order after the tenants have left.

                Comment


                  #9
                  Of course you can

                  Comment


                    #10
                    Yes, and a letter to the guarantor at this stage might be helpful informing them of the arrears. I think there may be a question over whether your s21 will be valid due to the PI not being provided at the appropriate time.

                    Comment


                      #11
                      You need to return the deposit before issuing s21, surely?

                      Comment


                        #12
                        Originally posted by JK0 View Post
                        You need to return the deposit before issuing s21, surely?
                        Yes - otherwise it's going to be invalid.
                        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

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