Notice expires this week tenant desperate

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    #16
    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.

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      #17
      Dpt I think you are right, what are the timescales, 2 weeks for court order? Then how long after that? yes apparantly she's applied for UC as she isn't working anymore and gets the UC payment in 2 weeks.

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        #18
        Originally posted by jpkeates View Post
        Apparently -
        ......Not....

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          #19
          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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            #20
            Why aren't you asking your solicitor this? If he can draft court papers that would be a natural question.



            Freedom at the point of zero............

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              #21
              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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                #22
                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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                  #23
                  You 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.

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                    #24
                    Originally posted by mariner View Post
                    You 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.
                    ? Surely only after the tenancy has ended can x2 rent be charged.. and if tenant serves valid NTQ ...see

                    https://england.shelter.org.uk/legal...tenancy_ends#3



                    S21 does not end tenancy on expiry. And an s21 is not an NTQ
                    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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                      #25
                      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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                        #26
                        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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                          #27
                          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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                            #28
                            Originally posted by AndrewDod View Post
                            I would use MCOL...
                            Me too...…

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                              #29
                              Originally posted by theartfullodger View Post
                              Serve 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.
                              Art,

                              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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                                #30
                                thanks, I will look into this MCOL process now

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