Eviction advice

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    Eviction advice

    After face to face meeting with tenant 2 weeks ago, when tenant said she was able to make next rent payment in full plus some on top to pay arrears, tenant has bacs'd 400 into my account which is half one month's rent. No message or anything . This means arrears will increase. I can't see any more point speaking to her via messages as she's had enough time and chances. This year's rent payments have been all over the place and I've had 500 in August and 400 the other day . Total for August to Oct should be 2400 . On the 15th (2 weeks ) the arrears will be 2300.
    please advise how to get her out . Shelter website suggests as my AST for the first 12 months started before Oct 2015 that the requirement for the 3 documents EPC right to rent and gas cert aren't required.
    Appreciate any help . I have contact with a local solicitor who did my lease extension. I also have another solicitors details and a welcome email pack from landlord action. Not sure which way to go but I want the notice served before the 15th so it expires on Jan 14th rather than Feb 14th.
    Many thanks

    #2
    Step 1. Serve both S8 and S21 notices to the T, the AST has now gone periodic.
    Step 2. take T to court for possession and rent arrears.
    Step 3. If T hasn't left, when ordered by the court, instruct bailiffs.

    Comment


      #3
      Originally posted by Propertygoesup View Post
      Shelter website suggests as my AST for the first 12 months started before Oct 2015 that the requirement for the 3 documents EPC right to rent and gas cert aren't required.
      That is true if there have been no new tenancy agreements between you (SPTs do not count).

      If you have entered a new agreement since September 2015, then the documents are required.

      However, judges may not fully understand this and so it is best to have provided the documents at least one day before the S21 notice is served.

      Comment


        #4
        Originally posted by Propertygoesup View Post
        Not sure which way to go but I want the notice served before the 15th so it expires on Jan 14th rather than Feb 14th.
        Notice period for a s21 if it started with a fixed term is at least two months from service. It doesn't have to end on any specific date.
        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

        I do not answer questions through private messages which should be posted publicly on the forum.

        Comment


          #5
          Thanks for responses. It appears fairly straightforward to serve a 6a form. Not sure I need to pay £350 for a solicitor here. Maybe just send the s8 and s21 separately with proof of postage. How do I provw I've given T documents as they could deny receipt?

          Comment


            #6
            Solic not reqd. Just post each Notice seperately First Class and get/retain Free Cert of posting from PO counter. The Court must presume Service 2 working days after date of posting.

            Comment


              #7
              Just a couple of questions .
              if I print a copy of right to rent guide then do I send this with proof of postage ?
              EPC expires in a few days but I'm sure T had a copy when moved in however can't prove it.
              Again I don't believe a 12 months AST starting in July 2015 requires all this.
              If I do a s8 and s21 and she's still there in 2 months should I get a solicitor onboard then, as I know by then it could be drawn out?
              Cheers.

              Comment


                #8
                Check Form 6a against nearly legal's s21 checker
                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


                  #9
                  Originally posted by Propertygoesup View Post
                  Again I don't believe a 12 months AST starting in July 2015 requires all this.
                  If it then became periodic and no subsequent tenancy agreed between you, then you are correct.

                  Comment


                    #10
                    Thanks all. I am proceeding with local solicitor to start the process.
                    Rent due on 15/11 will be 2300. If T decides not to pay once given notice the total outstanding by Jan 14 will be 3900.
                    Is there a process for claiming unpaid rent?
                    could I offer to waive some outstanding rent providing T leaves on the notice date?
                    Thanks

                    Comment


                      #11
                      It's not the 'Right to Rent' guide you have to supply. That's for landlords.

                      It's the 'How to Rent' guide you send to tenants.

                      I think I suggested before, you'd better just take your solicitor's advice.

                      Comment


                        #12
                        Yes jk0 I am taking the advice and using votes turner thanks for your help

                        Comment


                          #13
                          I have a further update would appreciate some advice. By coincidence my sister and family have been served notice and must be out by end January.
                          they have asked if my flat is available.
                          So I am happy to rent it to them as I know they are good for the money unlike current tenant.
                          should I end communication with current tenant and do the eviction all through solicitor or should I warn tenant that I need the property back before giving the
                          ​​​​notice to give her a heads up. I believe a s21 is the way to go rather than s8 despite rent being owed . I would be happy to waive rent if she moved out on the correct date in January. Just want to know if I should still communicate with her or leave it all to the solicitor . Also am I right if she didn't leave and I wanted to pursue unpaid rent she could end up with a ccj and problems renting elsewhere. Thanks

                          Comment


                            #14
                            I would leave things to the person you have hired to do them.

                            You can (and should) pursue money you are owed whether or not the tenant leaves - If she doesn't pay, yes she should end up with a ccj.

                            The general consensus is that you should never rent to family and friends.
                            Which isn't easy when they know you have a property available and they ask, but there you go.
                            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


                              #15
                              Thanks I have no concerns as sister looking to buy but need to save a bit more for deposit so my flat is ideal for a year or two to help them save the full deposit. They already have about 15k saved.

                              Comment

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