Claim for possession of property struck out

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    #16
    Certificate of service with how you served the notice is a good one. See many landlords who just put the notice in the post and then fail to get possession as no clause in tenancy agreement saying postage is good service. http://www.hmcourts-service.gov.uk/c...rms/n215_e.pdf
    ****************************************

    If you are unsure about what to do seek professional Legal advice.

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      #17
      My InternetExplorer cannot display the web pages, it says.
      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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        #18
        Evicting a DSS tenant

        Dear All

        I have done some research and read with interest the posts about the WHSmith SEction 21 form potential 'ambiguities' of wording. At the beginning of March, I renewed an AST agreement with my tenant and sent this along with a letter worded to the effect that I would require the property back to live in myself at the end of the 6 month tenancy.
        I called her yesterday to check she had measures in place to be out of the property on the requested date and she made it clear that she had not, stating that there wasn't anything available that would fit her needs and means.
        There are approximately 11 weeks remaining until the property should be vacated on my request but I feel that I should step things up in order to be ready to serve a court possession (N5B?) at the earliest necessary time. Does anyone have any advice and am I going along the right lines currently?
        MT

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          #19
          In respect of the March 2008 Tenancy Agreement, have you actually served a formal s.21(1)(b) Notice as yet?
          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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            #20
            My InternetExplorer cannot display the web pages, it says.
            sorry Jeffrey, it's working again now.

            http://goldnuts.co.uk/images/tempora...21-blurred.pdf

            Comment


              #21
              Originally posted by Marietherese View Post
              There are approximately 11 weeks remaining until the property should be vacated on my request but I feel that I should step things up in order to be ready to serve a court possession (N5B?) at the earliest necessary time. Does anyone have any advice and am I going along the right lines currently?
              Assming you have already served a valid S21 notice there's nothing you can do to enforce this but have your N5B ready to bang in on the day after the tenant has left.

              In practical terms, have you considered bribery? I know it grates, but depending on how badly you need the property back it might be a practical way forward... explain to her that you will start legal proceedings on day 1, that she will be evicted as a result (give her a relevant CAB leaflet), and that she will buy herself no more than a few more weeks in the property, for which she will still be liable for rent, the court fees, as well as all the legal fees which you can tell her you'll be incurring.

              Then you can wave your "carrot", which would be to offer her a cash incentive of X if she vacates by the due date (obviously paid after you get the keys back), where X depends on how badly you need in, and what you think she might take. Be prepared for her to haggle, so if necessary make it clear at the outset that it's a non-negotiable one-off offer which won't be increased.

              Might be worth a go, anyway.

              Comment


                #22
                Originally posted by android View Post
                My possession claim was struck out because the S21 notice required possession ON and not AFTER the last day of a period of the tenancy.

                The wording of the Section 21 notice is:

                I give notice that I end the tenancy and require possession of the Property on 2/5/08 or (if this notice would otherwise be ineffective I require possession on the first date which:

                if the tenancy is a periodic tenancy, is the last day of a period of the tenancy and is no earlier than the date on which the tenancy could lawfully be ended by a notice to quit.

                Is it possible to appeal against this decision pointing out Lower Street Properties V Jones (1966) or is the judge correct?


                The tenancy agreement is dated from 3/5/04 for a period of 6 months

                nice simple way to word a S21 is :

                DATE OF EXPIRY of this NOTICE: "day" "month" 2008
                (This is the last day of the tenancy period – AFTER which date I seek possession)

                Comment


                  #23
                  Originally posted by Wickerman
                  .... which is ambiguous.

                  "This notice expires AFTER 30th June 2008" is what you want.

                  what i quoted was from the section 21 notice available from this site. thats how its phrased.

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                    #24
                    i started another thread on this, but seems relevant here, so i will ask wickerman and to anyone else...

                    my AST runs from 22nd Decemeber 2007 - 21st June 2008 (6months)

                    my S21(b) was downloaded of this forum and is as follows:
                    DATE OF EXPIRY of this NOTICE: 21st June 2008
                    (This is the last day of the tenancy period – AFTER which date I seek possession - see notes below)

                    Date this NOTICE is SERVED: 2nd April 2008


                    i realised the wording on number 7 on the n5b forms says 'The notice expired on the ....... Attached to this claim form is a copy of that notice'

                    i had originally written the date on the n5b form as being 21st June 2008, but should i be writing 22nd June 2008. as the courts form says ' expired on the'.
                    i just dont want to get messed up based on a technicality. help please

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                      #25
                      I have replied on your other thread.
                      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).

                      Comment


                        #26
                        Re: evicting DSS tenant

                        I haven't issues a section 21 notice - can I get hold of one of these from a local WH Smith ? Is a letter implying the notice not valid?

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                          #27
                          Re: Eric the lobster response

                          Thanks for this idea which I think a good one. My only question is - is offering a cash incentive legal? She has mentioned that she can't find a new property because she doesn't have a deposit. If I were to offer her the money for a cash deposit perhaps she would leave? But I wouldn't want to break the law in offering to help her out with this. What do you think?

                          Comment


                            #28
                            Originally posted by Marietherese View Post
                            Thanks for this idea which I think a good one. My only question is - is offering a cash incentive legal? She has mentioned that she can't find a new property because she doesn't have a deposit. If I were to offer her the money for a cash deposit perhaps she would leave? But I wouldn't want to break the law in offering to help her out with this. What do you think?
                            My fault for using the word "bribery" I suppose! I'm not a lawyer but if you think about it I can't see how it could possibly be construed as illegal. Provided there's no element of coercion involved, what law would you be breaking? Who would you be committing an offence against? You could argue that by offering an incentive you were doing all you could to avoid a court hearing, which I am sure would endear you to a judge.

                            If you call the cash "a rebate of X weeks' rent" instead would that help?!

                            That said, the above is my opinion and I can't honestly give you the "definitive" answer to this, so maybe someone else more expert can.

                            I've tried it myself once by the way - didn't work as the individual concerned was angling for social housing and needed to be evicted - nevertheless I'm pretty sure my "attempt" was mentioned in correspondence the judge would have seen, and if he did, he made no comment.

                            Comment

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