Need possession advice please

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  • Need possession advice please

    My tenants are in arrears with their rent (always just not quite 2 full months) and I am in the process of trying to get possession of the property back.

    The AST is due to finish at the end of this month.

    The rent is partly paid by the DSS and they are meant to top it up to the full amount - but they have been out of work and unable to pay anything other than the DSS money since November.

    I took a deposit from them at the beginning of the tenancy, which I deposited in a bank account and have not touched the money since. (I have proof of this). At the time I didnt fully understand the implications of the tenancy deposit scheme and thought that as long as I had proof that I hadnt touched the money it would be ok.

    The tenant may come to some mutual agreement to pay back the arrears without me persuing it via the court, but I think that it may be difficult for them to get council accommodation unless I actually present them with a court eviction notice - is this true and if so how do I do this without ruining the relationship, which is at present good but tentative..!

    Also which route is the best to take - 21 or 8, as I now know that the deposit may affect the proceedings..?

    Any suggestions or advice please.

  • #2
    I suggest you read through sections 213 - 215 of the Housing Act 2004. Here's the link

    http://www.opsi.gov.uk/acts/acts2004...20040034_en_19

    You need to comply with the protecting and notifying parts in order that you may use a section 21 notice.

    You could try and use grounds 8, 10 and 11. These may or may not be successful depending on the level of arrears for 8 and the level of arrears and a number of other factors for 10 and 11.

    Unfortunately some Local Authorities advise tenants they are not 'homeless' in respect to the Housing Act 1996 Part VII until they are evicted by the Court Bailiff.

    Comment


    • #3
      I've been in a similar situation, though not as bad as yours. My dealings with the Housing Office about rehousing my tenants were annoying to say the least. The top and bottom of it is that legally they don't have to rehouse your tenants until you have gone through the eviction process and your tenants have actually recieved the bailiffs notice.
      The Housing Office promised me that if I didn't take the legal action for posession, they would house them quicker - they were lying and just saying this to buy more time for them.
      I wouldn't waste anymore time. Commence proceedings and get them out.

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      • #4
        Seems like Im stuck between a rock and a hard place.....
        I cant use S21 because I didnt register the deposit in a scheme, and I may not be successful with a S8 because the level of arrears is never quite 2 full months (Due to the intervals at which the DSS pays the rent).

        Ive calculated that by the end of May I will be in a Break-even situation, whereby the deposit they gave me will be exactly the amount of the expected arrears.

        It seems the easiest and cheapest option may be to give them a completely new AST, register the deposit in the scheme and then in 4 months time I should be able to give a valid S21 to get possession at the end of the 6 months......??
        It would seem an ironic way of having to go about it but it looks like the cheapest and most guaranteed way to get possession without a legal fight...! Any other suggestions welcome....?

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        • #5
          Why not start s.8 procedure and see if Court grants- in its discretion- the desired Possession Order?
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

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