eviction help

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    eviction help

    hi guys need some advice please.. i have some problem tenants.
    now their 6 months tenancy agreement ends June 21st 2008. i issued them a section21 on the 3rd month of the tenancy stating i require possession after the 21st June 2008. i served this in person by hand to the tenant, and did not do recorded delivery via post (will this cause me any probs if it goes to court). i did have my brother present with me.

    My gut feeling is the tenant will not leave at the end of the tenancy agreement. he has also not paid the rent for May 2008 which was due on the 1st, nor i doubt he will pay the rent due June 1st 2008(the month in which the tenancy ends on the 21st).
    my question is if i have to go via the court route, is it best to get him out via Section 21, or should i serve a section 8 on him(is that going to be quicker), or can i do both - is that possible??

    also when should i apply to the courts using section 21, can i do that now to get a head start. how long will it be till i get my house back if they do not leave and it goes via court....

    thanks

    #2
    You can't start court proceedings on S21 route until after the tenancy ends, I would reccomend joinng the RLA, best £75 you will pay, they will help guide you through the eviction process. They have a step by step guide on how to complete the forms etc and even a helpline where you can speak to someone for further guidance.

    www.rla.org.uk

    Comment


      #3
      also i served a section 21(1)b notice on the 2nd April 2008. date of expiry of the notice is 21st June 2008

      was 21b the correct notice i served...

      Comment


        #4
        has he paid a deposit, if so is it protected?

        Sec 21 1b is correct notice in this case. you've given more than 2 months so that's fine to.

        Comment


          #5
          Originally posted by vik2001 View Post
          also i served a section 21(1)b notice on the 2nd April 2008. date of expiry of the notice is 21st June 2008

          was 21b the correct notice i served...

          My advice is only my experience, I don't have any legal qualifications , which is why I suggested the RLA, but looking at what you've said, I would say 21 (b) is the right notice, my only concern is that you haven't stated that the notice expires AFTER the 21st, if it doesn't state after then you're knackered and will have to reissue (in my opinion)

          Comment


            #6
            OP should be fine.

            It's section 21 4a where after is important due to the wording of section 4a in that a) that the landlord or, in the case of joint landlords, at least one of them has given to the tenant a notice stating that, AFTER (not ON) a date specified in the notice, being the last day of a period of the tenancy and not earlier than two months after the date the notice was given, possession of the dwelling-house is required by virtue of this section; and

            Comment


              #7
              Originally posted by porridge View Post
              You can't start court proceedings on S21 route until after the tenancy ends
              Wrong. You can certainly start proceedings during tenancy; it's just that no possession can be ordered to take effect:
              a. during fixed term; nor (if sooner)
              b. the first six months of a new L-T relationship: see s.21(5).
              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


                #8
                my S21 notice says:
                DATE OF EXPIRY of this NOTICE: 21st June 2008
                (This is the last day of the tenancy period – AFTER which date I seek possession)

                Date this NOTICE is SERVED: 2nd April 2008


                Jefrrey so i can start filing the court proceedings now. i am happy for me to get possession after the 21st june. should i be goign for a accelerated possession?? whats my best route?

                i just want something that will get me my house back asap, as the tenants are trouble and i need somewhere to live myself.

                Comment


                  #9
                  also i have protected the deposit, though i protected it after the 14 days of the tenancy, on the 2nd month to be precise.

                  Comment

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