Eviction advice

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    #31
    I have a couple more questions!
    1. With a section 8 , it looks like I can specify a 2 week notice period, instead of 2 months. My T is now over 2 months in arrears. Is there an advantage to using s8? Does s8 not require copies of the above mentioned documents?

    2. What's the situation if the original tenancy agreement is lost? Does it have any relevance anyway if it's gone over to a periodic?

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      #32
      EPC would have been available at the start anyway when property advertised on various websites i would have assumed ie rightmove.com
      Gas safe cert you would need

      I actually rent a house to my son and it has worked out quite well, he has been paying rent for 5 years and never misses,.keeps house clean and tidy, does minor repairs , he has a good job and in his 30s , i know sometimes renting to family doesnt always work well but problem is if you ever need to evict if you need to ever sell -also check with mortgage to see if its ok

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        #33
        Originally posted by Propertygoesup View Post
        I have a couple more questions!
        1. With a section 8 , it looks like I can specify a 2 week notice period, instead of 2 months. My T is now over 2 months in arrears. Is there an advantage to using s8? Does s8 not require copies of the above mentioned documents?

        2. What's the situation if the original tenancy agreement is lost? Does it have any relevance anyway if it's gone over to a periodic?
        1 - Take the advice of the specialist company you have selected to do the work for you. There are lots of advantages to s8, but there are also disadvantages.
        2 - You can't use the accelerated process under s21 with no tenancy agreement. Is there any of the administration required of a landlord you have managed to retain?

        A copy of the tenancy agreement can be very important. What would you do if the tenant claimed you'd only protected the first part of the deposit they gave you?
        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).

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          #34
          As expected tenant isn't responding to message to arrange a new EPC. What can you do in these cases?!

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            #35
            Request access for a specific date and time in writing and why.
            Explain if they're not there, you will let yourself in.
            And then do that.
            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).

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              #36
              Problem is she's changed the locks and didn't give me a key.

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                #37
                Evict the tenant and then do the EPC.
                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).

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                  #38
                  Serve the notice then contact tenant and do a deal. Unless they want to be rehoused by the local authority (in which case they will wait for bailiffs) they should be happy with a few hundred quid to go , tell them you won't get CCJ on them for arrears and will give a glowing reference :-) I'm evicting someone now and it takes forever even with right paperwork....

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                    #39
                    And after eviction sue for debt and get them a CCJ for 2020. You just might get £££, other landlords will be prewarmed through credit checking

                    Ethically questionable I agree
                    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...

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                      #40
                      Originally posted by theartfullodger View Post
                      Ethically questionable I agree
                      Ethics is overrated imho.

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                        #41
                        My wife is from Ethics
                        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...

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                          #42
                          Originally posted by theartfullodger View Post
                          My wife is from Ethics
                          Is her name Sharon?
                          I might know her!

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                            #43
                            Originally posted by Propertygoesup View Post
                            Problem is she's changed the locks and didn't give me a key.
                            Document a number of attempts, (at least 3) to gain access and how the tenant has refused and use this in any court case.

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                              #44
                              i.e. letters to her with proof of postage etc etc etc etc
                              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...

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                                #45
                                Hi all,
                                notice is now served !
                                My next task is to try to ensure T leaves on the requested date.
                                T is currently 2.3k behind on rent, which will rise to approx 3.5k by the eviction date.
                                I am looking to make a deal with T to ensure they leave on this date.
                                Obviously I can offer to waive some/ all rent, offer a reference and also make clear that pursuing unpaid rent could result in a CCJ. I already have the likely address of T's close family which I expect she will go.
                                How best to make this offer and how to word it correctly?
                                Many thanks

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