Options if eviction ban is not lifted

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    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

                              Latest Activity

                              Collapse

                              • Reply to Landlord demanding improvements
                                by Jon66
                                When there are issues surrounding communication between landlord and tenant, the best approach is to say put it in an email and we'll respond accordingly. Refuse to enter into a discussion. Your answer should always be put it in an email.

                                Just for future reference, when you have an inspection...
                                22-06-2021, 22:37 PM
                              • Landlord demanding improvements
                                by insideoutcroissant
                                We are the tenants, we’re in England on rolling tenancy after 12 month AST. We’ve been here almost 2 years. We pay a not insignificant amount in rent (over 20k pa). Apologies this will be long. *edit to add we’ve never ever paid late.

                                Since day 1, the letting agents have treated...
                                22-06-2021, 15:01 PM
                              • Reply to County Court Bailiffs 1 June
                                by Perce
                                Hello All

                                My tenant declared he feels unwell that is why he is not looking for another accommodation. What happens if bailiffs come and he will say he feels unwell ? I think I will have a problem with him on the day of the eviction. He won’t move. He decided that because he feels unwell...
                                22-06-2021, 21:30 PM
                              • County Court Bailiffs 1 June
                                by Perce
                                Hello

                                I have a warrant for repossession, the ban is over tomorrow. How long does it take to hear from the County Court Bailiffs ? 1 week ? 1 month? What is the process ?...
                                31-05-2021, 11:30 AM
                              • Reply to Tenant requesting rebate of rent after section 21
                                by ash72
                                Tell the T you will pay the 11days if they pay your 2months rent.... I'm sure the T wont bother. Just be glad you didn't have to pursue the matter through the court etc, and move onto with the next T.
                                22-06-2021, 21:24 PM
                              • Tenant requesting rebate of rent after section 21
                                by Redrufus63
                                Can you help. I served a section 21 which finished in April however tenant didn't move out until 2 months later. She didn't give me notice in any way b4 she lefy and told me eventually she was moving out 2 weeks b4 she went. She is now saying I owe her a rent refund for the 11 days when she wasn't there...
                                22-06-2021, 19:57 PM
                              • Reply to Section 21 Notice only or S8 also
                                by buffalo747
                                ash72.....It's only recently I found out I'm covered for legal expenses and yet to send information that my paperwork over the last 15 years is all in order for them to represent me in pursueing the matter and not for them to reimburse me for the loss of rent. I have until October before I can do anything...
                                22-06-2021, 20:43 PM
                              • Section 21 Notice only or S8 also
                                by buffalo747
                                Two weeks ago I issued my tenant with a S21 notice allowing just over 4 months to vacate. The tenant is already nearly three months in arrears and if I have to apply to the court for possession then baliffs perhaps, the tenants debt could easily be over £10K. The NRLA advice said that rather than issue...
                                22-06-2021, 13:00 PM
                              • Reply to Landlord demanding improvements
                                by mokka
                                A landlord demanding improvements bugger me lol...
                                22-06-2021, 20:39 PM
                              • Reply to Landlord demanding improvements
                                by ash72
                                If the property is in poor condition, T's now have the right to move without any fees, your on a Periodic tenancy I would had in my notice and find a better property/agent. There are plenty out there so the choice is yours....
                                22-06-2021, 18:07 PM
                              Working...
                              X