Section 21 failed, now what?

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    Section 21 failed, now what?

    hi all

    I have a bungalow in England, which is let on a 12 month AST starting 13.08.18. Rent due monthly (nothing received since Nov '18), no deposit received.

    S21 was sent on 03.06.19. (S8 aborted earlier this year as tenant field a bogus personal injury claim against me)

    09.09.19 - Mandatory Order for possession granted
    16.10.19 - Bailiffs for eviction of property (booked 2 weeks earlier and paid for)

    A last-minute n244 application was made by the tenant and the hearing was yesterday. The judge initially pointed out the Possession order was mandatory and so could not be changed. The tenant then made out she wasn't aware of first Possession hearing and needed to submit her side of the story, and after an adjournment to review the Defence Form, the judge then ruled the S21 was improper due to timings. She did not comment on the evidence submitted by tenant

    My question is - what do I do now? and how much should i consider having to spend?

    If I go down the S21 route again, the tenant will defend and likely involve Local Authority on grounds of disrepair (unfounded). And if I go down S8 I will need services of a lawyer. The tenant is more knowledgeable than me on this process, and this is my first time

    Lastly, my temper got the better of me yesterday and I did try to speak with her outside the court, outside my property and the local shops. The Police were informed about me raising my voice to her and have recorded the incident. Apparently she didn't want to press charges, but i guess that's because her ultimate aim is to remain in the bungalow and accrue ammunition to use against me in court

    My bad i know, but I was fuming. Not least at the judge for changing her initial point of view and then reviewing the tenant's BS statement.

    I wish I had done this properly first time around, but I also know this woman has always intended it to go to court. So I'm going to have to commit more resource to properly get rid o her

    Any tips/advice, gratefully received

    (btw, I also know this woman owes money left/right and centre, but i don't suppose that helps me in anyway)
    (btw2, all the neighbours in the culdesac are on my side and are helping me to record some of the antics which include fraudulent reporting of burglaries to the Police))

    #2
    My advice to you, is enlist a company to undertake this for you, that way you don't need to engage with the T and you lose it, and end up supporting the T's allegations or worse end up locked up.

    S21 is your best bet, fill it out correctly and re-submit giving the 2 months + 3 days notice (to be on the safe side). When you get the order or hearing (send a copy to the T), you are in a better position 2nd round as you will know the T's defence, use this to have all supporting evidence to counter act it.

    Comment


      #3
      Thanks Ash72. Unfortunately, this woman knows that when I do an S21 again, that her defence is already in place. She will counter it with 'evidence' that the house is infested and unfit to live in and that I have not done anything to deal with this (i have tried to setup appointments to visit with tradespeople but she just blocks them and doesn't 'allow' me near the place). Thereby triggering a Local Authority referral. This will mean I then have 6 months to 'sort' the place out before I can consider exciting her. At least this is what I have been told by Which Legal

      Do you have any experience of LA involvement and whether or not I will get the chance to counter her bogus evidence?

      Based on my experience so far, her evidence stands until I can disprove it. But I can't disprove it until I can inspect the house and take photos. I suppose the best I can do is demonstrate that she is blocking me?

      Comment


        #4
        What timing? On what grounds?

        Comment


          #5
          Originally posted by bodeyrents View Post
          .............

          Any tips/advice, gratefully received

          ....
          a) Anger management course (seriously...)
          2) s21 eviction if at all possible. If current paperwork suspect issue all new paperwork at lower rent (she'll likely sign..)
          iii) s8 usually easily delayed/chucked out due to disrepair (real or otherwise). Avoid with what sounds like a tenant who knows the law better that you do...
          IV) Do RLA or NLA course on eviction etc...

          When I started I thought I knew what I was doing: Didn't: Expensive mistakes, painful, long-drawn out, worse than your position. I resolved to start learning (books, forums, courses..). Still learning: Still making mistakes. Good luck.

          I'd not give any reference or only a full, honest, one.

          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
            Originally posted by bodeyrents View Post
            Thanks Ash72. Unfortunately, this woman knows that when I do an S21 again, that her defence is already in place. She will counter it with 'evidence' that the house is infested and unfit to live in and that I have not done anything to deal with this (i have tried to setup appointments to visit with tradespeople but she just blocks them and doesn't 'allow' me near the place). Thereby triggering a Local Authority referral. This will mean I then have 6 months to 'sort' the place out before I can consider exciting her. At least this is what I have been told by Which Legal
            Disrepair isn't a defence to a section 21 notice.
            Your notice is telling the tenant to leave, claiming that the property isn't inhabitable isn't a useful defence to that.

            I think that you're confusing the issue with retaliatory eviction, And, in order to defend the notice on that basis, the tenant would have to write to you telling you of the problems, you would have to faill to respond properly within a deadline and then the issues would have to be referred to the local authority, found to be correct and an appropriate remedy notice issued of sufficient importance.

            I suggest that you get professional support, the tenant knows more than you, and that's not a good place to start.


            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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