I wouldnt delay the application for a court order if I were you. The Council are just going to tell her to stay put until the bailiffs arrive and she probably doesnt have much choice anyway. This is likely to take several more months and be expensive I'm afraid. If shes on UC/HB then I would get the rent paid direct if I were you.
Notice expires this week tenant desperate
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As title says tenant hasn't left , I've let my solicitor know and they are drafting the court papers . So that's all in hand, but my question is regarding the increasing rent arrears and fees I am incurring during this eviction process.
Should I wait until they are forced out then try and recover money owed then? Should I be sending an arrears statement now to remind them? Am I likely to get anything back?
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You can do either: But I would suggest your priority is to evict. So concentrate on the (s21 etc..) but avoid further antagonizing tenant will claim for rent. When he's gone sue for rent owed.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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Thanks, solicitor said this is a separate issue once the eviction is complete, but I will need to somehow find out their new address.
i just wondered if a statement would just be a reminder that I'm not going to let them get away with it.
Has anyone used the accelerated procedure for the court papers?
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Originally posted by mariner View PostYou can claim mesne profit (2x daily rent) for each day they don't vacate after the s21 expires, unless directed by the Judge.
Ask Judge to apply full cost of Eviction + baillifs to Ts.
https://england.shelter.org.uk/legal...tenancy_ends#3
S21 does not end tenancy on expiry. And an s21 is not an NTQI 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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I am working with a local solicitor to evict a tenant who is several months in arrears, however I was advised to use the s21 route for eviction.
After the 2 months notice, tenant has remained in the property, so I have proceeded to applying to the county court for a possession order, this was sent off last week.
I am not sure how long this stage will take as I know the tenant will have 2 weeks to claim a defence, which I doubt they will.
I received a message just before the notice date from the tenant promising (heard it all before) to pay me but please don't evict them, I just replied stating the facts that if she stays in the property then I will continue with the process and it will result in more costs which I am entitled to pass on.
So another months rent date has passed, I am here to ask if I should do anything about the rent while the eviction is in process? Am I entitled to send a letter outlining the arrears? Should I wait til they have gone before doing anything and try to locate their new address? With chasing arrears is it best to DIY via money claim online, or stick with the local solicitor?
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I would use MCOL. If you are even slightly intelligent it is easy. You need to do reading......
Opinions differ but I would write a letter before claim now, and initiate the claim immediately after the next missed payment (claim size as on that date). You could wait until they have left but sharpening minds is useful now in my opinion.
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Serve s8 (by the sound of it grounds 8, 10 & 11..) TODAY. Copy to council. Explain (verbally only) "intentionally homeless" to tenant. No reference or only a full, honest one for your esteemed tenant. Council being aware of s8's and arrears should hopefully ensure less help& no rehousing of this cheat.
But evict using s21.
And MCOL also if you wish.
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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Originally posted by theartfullodger View PostServe s8 (by the sound of it grounds 8, 10 & 11..) TODAY. Copy to council. Council being aware of s8's and arrears should hopefully ensure less help& no rehousing of this cheat.
You've posted this a few times.
Sorry, it needs calling out.
Have you ever done it? How many times? When? Did it work? Who exactly did you address the copy to? Did the 'council' ever reply? Did it make any difference whatsoever?
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by Ted.E.Bearhttps://www.gov.uk/apply-to-bankrupt-someone
It will cost £1300
Then, I think, the official receiver takes the first £6k as fees. You may get something if there is anything left over....-
Channel: Residential Letting Questions
23-05-2022, 08:56 AM -
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by mucker973Hi All,
This question is in relation to my previous post here https://forums.landlordzone.co.uk/fo...or-rent-arears where I now have had the Possession hearing, had it ruled it my favour and am now working on the warrant....-
Channel: Residential Letting Questions
23-05-2022, 02:00 AM -
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by jpkeatesMaking someone bankrupt is a double edged sword.
It obviously has massive consequences for the person being bankrupt, but it also usually clears the debts owed, so there's little or no chance of getting your money.-
Channel: Residential Letting Questions
23-05-2022, 08:42 AM -
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by Hudson01If they are working but are simply to stupid/irresponsible to manage their money then yes i would apply to make them bankrupt, there has to be consequences for stupid and reckless actions..... in this case they will never rent in the private sector again, that is a good thing for all of us, you would...
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Channel: Residential Letting Questions
23-05-2022, 08:31 AM -
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by Hudson01No, the Police will not evict her (never), unless she is committing a criminal offence, then she will be arrested..... and released that day no doubt, i would forget the Police, as said above to be totally sure exactly what you can do you need to engage a solicitor to advise you. If she is 100% a lodger...
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Channel: Residential Letting Questions
23-05-2022, 08:27 AM -
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by Amazinshe's been living with me for the past 2 years (we share the living space etc) but she keeps bring strangers back and stay here overnight on a regular basis. Having her living here is like having a couple. Before she moved in, she signed agreement that she need to ask my permission for having guests...
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Channel: Residential Letting Questions
17-05-2022, 08:08 AM -
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I had a tenant who owed me money and refused to pay me for a Utility and rent and ignored the terms of a lease.
Things went on that I cannot put in writing.
I looked at making them bankrupt and I believe it would have cost around £800 But I would have had great satisfaction in doing so....-
Channel: Residential Letting Questions
23-05-2022, 08:25 AM -
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by AmazinNo, her fix contract expired about a year ago so it's ongoing. I should be able to give her notice again and ask her to leave. if she doesn't at the end of notice period, is it ok for me to call the police?
technically speak I didn't simply because I couldn't get to them....-
Channel: Residential Letting Questions
23-05-2022, 08:22 AM -
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by DoricPixieI don't think you'll achieve much by making the tenant bankrupt other than making it nigh on impossible for the tenant to rent again. A CCJ is enough to make landlords think again but full blown bankruptcy...good luck!. By the sounds of things you are not their only creditor which means any surplus...
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Channel: Residential Letting Questions
23-05-2022, 03:00 AM -
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by Hudson01If you do go down the route of changing the locks when they are out then may i also suggest that at the same time you place a call with the Police to inform them of this, and request that the neighbourhood team are informed so if the then ex tenant '' kicks off '' upon her return and calls 999 they...
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Channel: Residential Letting Questions
22-05-2022, 21:09 PM -
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