Section 8 court hearing HHSRS assessment

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  • Bach
    replied
    Originally posted by MdeB View Post

    DON'T.

    If you do, the S8G8 will fail.
    Only write them off in exchange for a deed of surrender.
    Noted

    Thanks

    Leave a comment:


  • MdeB
    replied
    Originally posted by Bach View Post
    * she has said that she won't attend court if I send her something in writing stating that I am willing to write off her arrears
    DON'T.

    If you do, the S8G8 will fail.
    Only write them off in exchange for a deed of surrender.

    Leave a comment:


  • Bach
    replied
    Originally posted by KTC View Post
    I know that.

    Though if she's evicted due to arrears, she would almost certainly be found to have made herself intentionally homeless anyway.

    You can't agree to what she proposed. I don't see how it can have any legal effect. You're not agreeing to settle and discountinue the case. If she turned up to hearing anyway, what are you going to argue, that the court should deny her her rights as a defendant? I can only imagine how a judge will react to that one!
    Ok, so I'll propose the waiver of arrears only if she signs a deed of surrender...we know she most probably won't agree but it's worth a shot.

    So I'll just continue with the court case and also try to gain access to carry the "works".

    I'm guessing universal credits won't be paying me from Friday fine y as they're paying her rent for wherever she is living at the moment. Or will they pay me?

    Leave a comment:


  • KTC
    replied
    I know that.

    Though if she's evicted due to arrears, she would almost certainly be found to have made herself intentionally homeless anyway.

    You can't agree to what she proposed. I don't see how it can have any legal effect. You're not agreeing to settle and discountinue the case. If she turned up to hearing anyway, what are you going to argue, that the court should deny her her rights as a defendant? I can only imagine how a judge will react to that one!

    Leave a comment:


  • Bach
    replied
    Originally posted by KTC View Post
    "I'll write off the arrears if you'll sign a deed of surrender."
    That would be great, but she won't do that because the council will not re house her as she would've made herself intentionally homeless

    Leave a comment:


  • KTC
    replied
    "I'll write off the arrears if you'll sign a deed of surrender."

    Leave a comment:


  • Bach
    replied
    Originally posted by leaseholder64 View Post
    Given the way the tenant is acting, you should not change the locks until you have a signed surrender or the bailiffs have formally taken possession.

    My particular concern is that they may be in emergency accommodation because the council has ruled that it is unsafe for them to stay, rather than because they have accepted that you have given valid notice. Most councils will not normally provide accommodation until the bailiffs have done their work, which makes me doubt that they accept that the tenancy has ended.
    You're right, the council have moved her into temporary accommodation due to disrepair.

    I've just spoken to the tenant.

    Firstly, she's coming back daily to feed the kitten and will be taking it on Friday.

    After the expected argument between us, the facts that I have established are:

    * she was moved due to disrepair issues

    * the council have told her to leave her belongings in the property until bailiffs arrive

    * the tenant doesn't want to move into the property, even when the "disrepair" is rectified

    * she has said that she won't attend court if I send her something in writing stating that I am willing to write off her arrears

    * I don't mind writing off the arrears if it means she doesn't attend court and the case will be straightforward

    Should I send the letter writing off the arrears?




    Leave a comment:


  • leaseholder64
    replied
    Given the way the tenant is acting, you should not change the locks until you have a signed surrender or the bailiffs have formally taken possession.

    My particular concern is that they may be in emergency accommodation because the council has ruled that it is unsafe for them to stay, rather than because they have accepted that you have given valid notice. Most councils will not normally provide accommodation until the bailiffs have done their work, which makes me doubt that they accept that the tenancy has ended.

    Leave a comment:


  • Bach
    replied
    Originally posted by jpkeates View Post
    The worst case risk is that you illegally evict the tenant, who hasn't actually moved out.
    But the offence requires that the landlord cannot "prove.. that he believed, and had reasonable cause to believe, that the residential occupier had ceased to reside in the premises."

    You have been told that the person has moved out and will inspect and check that this appears to be the case.
    When you speak to the utility suppliers and council about council tax to assume responsibility, you will provide more evidence.

    Me, I'd change the locks if I thought the tenant had moved out.
    Yes, I have the call recorded when I was informed the tenant had moved out, the key word being "temporary "accommodation

    I'm having a nightmare getting through to the relevant person in the council.

    I've left multiple messages but still haven't received a call.

    If I don't hear anything by lunchtime tomorrow, I will put in an official complaint.

    So the tenant still has belongings there.

    Do you think I should still change the locks?

    Leave a comment:


  • Bach
    replied
    Originally posted by jpkeates View Post
    As long as you give the tenant notice of what you're doing, you can go ahead unless they object.
    Which they won't because they're not there.

    And you need to feed the cat (or take it to someone who will feed it).
    Can I legally take that cat?

    I'll give 24 hours notice for access but don't want to shoot myself in the foot by taking the kitten.

    I'm hoping to issue the inspection notice and walk in with the Rspca and they deal with the kitten...not sure if it will workout that way though.

    Leave a comment:


  • Bach
    replied
    Originally posted by theartfullodger View Post
    I would report abandoned cat to RSPCA (take a note of who you speak to) and council housing dealing with this person.
    Done, just waiting for a follow up phone call

    Leave a comment:


  • jpkeates
    replied
    Then they can drive over and get the cat?

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  • theartfullodger
    replied
    I would report abandoned cat to RSPCA (take a note of who you speak to) and council housing dealing with this person.

    Leave a comment:


  • jpkeates
    replied
    As long as you give the tenant notice of what you're doing, you can go ahead unless they object.
    Which they won't because they're not there.

    And you need to feed the cat (or take it to someone who will feed it).

    Leave a comment:


  • Bach
    replied
    Originally posted by leaseholder64 View Post
    You want to make sure that the move wasn't because they considered the place unfit for human habitation.
    I'm not sure what the exact reason was for her being moved out but it was definitely to do with the disrepair issues (which I was never informed about)

    Anyway, I went there today, some of her belongings are still there..including a cat!!

    According to the council, she has been put into temporary accommodation, I don't know how long for and still haven't got through to anyone who can tell me if it's okay for me to carry out any works needed (after inspecting the property today, everything seems okay)

    Leave a comment:

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