Options if eviction ban is not lifted

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    Options if eviction ban is not lifted

    Hello All

    I am waiting for an eviction ban to be lifted but as time goes I lose hope that it will happen in the near future or ever. What then are our options to get our property back if the tenant never moves out ? My tenant won’t move out until bailiffs evict him. I have PO based on S21 acc. Cannot issue S8 as he will pay off the arrears.






    #2
    Bribery.....
    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


      #3
      The stay on possessions will have to end at some point.
      It's not tenable to have courts order things that can't happen, long term.

      The emergency Covid legislation which is what has been used to put the process on hold will automatically time out eventually, and any secondary legislation which needs that Covid legislation to enable it will automatically fall away at the same time.

      It might not be the end of next month, that's still possible.
      But the people forecasting a wave of homelessness are going to look pretty bloody stupid quite soon.
      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


        #4
        Theartfullodger - I have offered to cancel all arrears but the T. is not interested. He has plenty of money and has a very good job. He can stay for free for years. Ccj won’t eventually matter. If you have a few you might as well have 100.

        jpkeats - thank you. The minister said that there is no guarantee that Covid legislation won’t be extended.
        I think even if the lockdown is totally lifted in July the ban will stay. But I do agree with what you say but the gov will come out with something new for the ban to stay.

        Meanwhile various auctions companies are chasing me to put my property for auction at half price. It looks increasingly like this will be the only option to try to deal with the situation.




        Comment


          #5
          I continue to keep my fingers crossed 🤞 (although that does make typing on a touch screen difficult!)

          I’m just hoping that the relaxation of lockdown goes well, as does the rollout of the vaccine (off for mine in about an hour), and that the Govt has no reason to continue with the eviction ban. Have faith! After all, evictions did come back late last year albeit briefly.

          You’ll (probably) kick yourself if you sell up- your tenant might buy it at a handy 50% discount...

          Comment


            #6
            Slackjawedyokel - thanks. Optimism help as there is no other option.


            I have made an offer/present to my T. to cancel many months of arrears for many thousands. Dead silence. So more ccjs to follow.

            Good luck with the jab !

            Comment


              #7
              Originally posted by Perce View Post
              Cannot issue S8 as he will pay off the arrears.
              I have offered to cancel all arrears but the T. is not interested. He has plenty of money and has a very good job. He can stay for free for years.
              If you are sure that he will pay the arrears if you issue an s8 then issuing that s8 seems an obvious move to me to get some money from him.

              TBH I'm not sure that issuing a new s8 would cancel your existing s21 PO anyway? Someone with more legal eviction knowledge may comment on that.
              But even if you have to start from scratch with the eviction process is that much different from what you are facing now?

              Comment


                #8
                Or issue a MCOL for the arrears - especially if he has the money to pay - and keep issuing them every time he's in arrears.

                Good Luck

                Comment


                  #9
                  If I issued S8 and he payed off the arrears then I would not be able to claim possession of the property. Is that right ?

                  Comment


                    #10
                    Not on the s8 for arrears if he pays them off before any ruling. - But the Possession Order that you say you already have from the s21 may still be valid.

                    That existing PO validity (if you later issue a s8 for arrears) is what I'm not sure about.

                    Of course any of this depends on him having the money, and more importantly him paying it if you issue a s8 or MCOL.

                    Comment


                      #11
                      Originally posted by Perce View Post
                      If I issued S8 and he payed off the arrears then I would not be able to claim possession of the property. Is that right ?
                      As far as I know, you can't serve a s8 notice and proceed to court when you already have a court order for possession.
                      You can't simply keep trying the same matter, it's an abuse of process.

                      Section 8 notices have mandatory and discretionary grounds.
                      Had you not got a s21 notice, It's quite likely a court would have awarded possession (possibly suspended) on the basis that the tenant is clearly regularly not paying rent, even if the mandatory ground (2 months rent owed) wasn't made out.

                      The fact that the landlord continually has to sue the tenant to get rent they're owed would be pretty persuasive.

                      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


                        #12
                        Nucecad - thanks.

                        I have S8 notice which expires in May (issued in May last year) but I have just issued mcol claim up to March. Do I need two months arrears to issue a possession claim based on S8 ?








                        Comment


                          #13
                          Originally posted by Perce View Post
                          I have S8 notice which expires in May (issued in May last year) but I have just issued mcol claim up to March. Do I need two months arrears to issue a possession claim based on S8 ?
                          It's two month's rent owed, not arrears.

                          And that's needed for Ground 8, which is a mandatory ground.
                          You can serve using Ground 10 if any rent is owed at all (probably subject to it being more than a few pence), but that's a discretionary ground.
                          Same with Ground 11 (failure to pay rent regularly) and 12 (breach of tenancy agreement terms) - both of which are also applicable here.

                          But you can't escalate your section 8 notice to a court, because you already have a possession order for the property.
                          You can't claim possession twice.

                          And making two claims for the same rent owed is also not going to work.

                          And a section 8 possession order for two month's rent owed isn't going to avoid the bailiffs stay.

                          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


                            #14
                            Thanks Jpkeats. All is clear now that I am stuck for the time being no matter how I twist it.

                            Comment


                              #15
                              Thanks jpkeates,

                              I was't sure at all how already having an existing PO and trying to start a new eviction process would work.
                              But suspected that it wouldn't work. or would cause problems.

                              Comment

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