AST- tenant refusing to leave!

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  • porridge
    replied
    Originally posted by Barch View Post
    Thanks Porridge

    We've been in touch with Regency Law and they seem switched on. I guess what is important here is to make sure, if you ever find yourself in this position, that you appoint legal representation. I'm sure if I went to court on my on, I woudlnt know how to challenge any decisions. The fact that she hasnt sent the AST back shouldnt matter as she has refered to it in texts and, the old one would stand anyway.

    This such a shame. I had no problems with her until I told her I wanted to move back in!! According to the RLA, she'll stop paying too!! They nearly always do!
    Ian (Barch)

    Good luck, keep us upto date and let us know how you get on

    Leave a comment:


  • Barch
    replied
    Thanks Porridge

    We've been in touch with Regency Law and they seem switched on. I guess what is important here is to make sure, if you ever find yourself in this position, that you appoint legal representation. I'm sure if I went to court on my on, I woudlnt know how to challenge any decisions. The fact that she hasnt sent the AST back shouldnt matter as she has refered to it in texts and, the old one would stand anyway.

    This such a shame. I had no problems with her until I told her I wanted to move back in!! According to the RLA, she'll stop paying too!! They nearly always do!

    Leave a comment:


  • porridge
    replied
    Originally posted by Barch View Post
    Served her notice yesterday. She answered the door and I have a witness to say that she received it. I spoke to the RLA today and they have advised me that I need to get a solicitor to go to court with me. I also need to serve notice on the initial joint tenant as he could come back at anytime!!

    Can anyone recommend a service to use?

    thanks
    Ian
    Hi Ian

    Glad you contacted RLA, obviously they feel that this case needs legal advise, why don't you get back on the phone to them and ask for any recommendations?, im not sure what experience others have had, but i've heard of landlordaction, might be worth trying them?


    http://www.landlordaction.co.uk/

    Leave a comment:


  • Barch
    replied
    Served her notice yesterday. She answered the door and I have a witness to say that she received it. I spoke to the RLA today and they have advised me that I need to get a solicitor to go to court with me. I also need to serve notice on the initial joint tenant as he could come back at anytime!!

    Can anyone recommend a service to use?

    thanks
    Ian

    Leave a comment:


  • justaboutsane
    replied
    You sign it she does not.

    Leave a comment:


  • Barch
    replied
    Its getting close to when I have to leave to do this so I will also enclose this letter with the Notice

    Just a brief note requiring her action

    Please find enclosed a copy of the Notice Requiring Possession in relation to (flat address). Please sign, date and return to me along with a copy of the signed Assured Shorthold Tenancy agreement ( dated 22nd April 2008) which you have failed to provide me previously

    Regards

    Leave a comment:


  • Barch
    replied
    Sorry guys, Do I have to sign it in her presence? I'm sure I have a signed copy of the Notice for my other flat already prepared by the agent.

    Leave a comment:


  • Barch
    replied
    "There is no space on the notice for the tenant to sign so we recommend that you get the tenant to sign across the top of the notice that they have received it, the date it was received, and their signature."

    I dont understand this bit. I take a witness, hand her a letter, am I to ask her sign there and then? If she is adamaant that she is staying put, surely she isnt going to be compliant here> I wouldnt be surprised if she throws it back at me. Do I have to get a copy signed for my records?

    Leave a comment:


  • porridge
    replied
    Originally posted by Barch View Post
    Hi Porridge, thanks for your help thus far.

    I'm serving her the notice tomorrow because the first one is invalid. It only gives four weeks. So the one for tomorrow is bullet proof!!

    I've sent a text to a friend requesting they meet at the flat tomorrow to witness the exchange. He will either see me hand over the envelope to her directly, or post it through her door. Either way, I have dated the document accordingly. Either 8 weeks from tomorrow if its in her hand, or 8 weeks from Monday if I have to drop it through the letterbox.

    I know I shouldnt have lost it, but when you are told that your tenant, depite bending over backwards to accomodate her is going to stay in your property, when my partner has handed her notice in at work to move up to Watford (we are in Poole) so that we can get the property in a saleable state, its not surprising I lost it! I will be the absolute gentleman from now. Once she has the document tomorrow, I will not be contacting her again.
    Well I hope you read my post below before you deliver S21 notice, otherwise you will need to serve it AGAIN.

    Please also ENSURE you state you require possession AFTER the 7th November (If delivered today)

    Leave a comment:


  • porridge
    replied
    Originally posted by Barch View Post
    thanks Beeber

    Here is the letter she will recieve today.

    HOUSING ACT 1988
    Section 21 (1)(b)

    Assured Shorthold Tenancy : Notice Requiring Possession:
    Fixed Term Tenancy

    To
    Her full name


    Of
    (the addresso f the flat requiring possession)

    From
    My full name and address


    I give you notice under section 21 of the Housing Act 1988 that I require possession of the dwelling house known as

    (Again house address requiring possession

    On 3/11/2009 (Note 3 Below)

    (This date being 8 weeks shead of today)

    Signed Dated



    NOTES
    1 At the end of a fixed term of an assured shorthold tenancy, a court is obliged to make an order for possession if the landlord has correctly served a notice in this form.
    2 Where there are joint landlords, at least one of them must serve this notice if the tenancy is to be ended at or after the fixed term has expired.
    3 The length of the notice must be at least two months and the notice may be given before or on the day on which the fixed term comes to an end.


    INFORMATION FOR TENANT

    If the tenant or licensee does not leave the dwelling, the landlord or licensor must get an order for possession from the court before the tenant or licensee can lawfully be evicted. The landlord or licensor cannot apply for such an order before the notice to quit or notice to determine has run out.

    A tenant or licensee who does not know if he or she has any right to remain in possession after a notice to quit or notice to determine runs out can obtain advice from a solicitor. Help with all or part of the cost of legal advice and assistance may be available under the Legal Aid Scheme. He should also be able to obtain information from a Citizens Advice Bureau, a Housing Aid Centre or a rent officer

    Hows that?

    The dates are WRONG !!!!

    must be 2 calender months (see notes below)

    Enter the tenants name and the address of the property you are renting to them. Enter full names and post codes.

    Then in the next part enter your full name, address and post code.

    Then it states that possession of (you insert the property address again) is required after (you insert a date using the formula above). Here you have to bear in mind rules of service. If you serve the notice face to face then service is effected that day and the 2 calendar months can start from that day. If you have to put the notice in the tenant’s letterbox then service is effected the next day. Take a witness with you. We really do not recommend you post a notice. The Post Office lose so many letters that if the tenant states they never got the notice the judge usually believes them.

    YOU then sign the notice.

    There is no space on the notice for the tenant to sign so we recommend that you get the tenant to sign across the top of the notice that they have received it, the date it was received, and their signature.

    Give EACH TENANT a copy of the notice and keep one for yourself.

    The day after the notice expires you can then issue the claim form for possession

    Leave a comment:


  • Barch
    replied
    Originally posted by Beeber View Post
    Many notices are not bullet proof and often fail when they reach court because the landlord has entered the wrong dates on them. Make sure yours is checked before you re-issue it. You can see from the following link that their completion, how to calculate the notice period, can be complex.

    http://www.letlink.co.uk/letting-fac...d-tenancy.html
    thanks Beeber

    Here is the letter she will recieve today.

    HOUSING ACT 1988
    Section 21 (1)(b)

    Assured Shorthold Tenancy : Notice Requiring Possession:
    Fixed Term Tenancy

    To
    Her full name


    Of
    (the addresso f the flat requiring possession)

    From
    My full name and address


    I give you notice under section 21 of the Housing Act 1988 that I require possession of the dwelling house known as

    (Again house address requiring possession

    On 3/11/2009 (Note 3 Below)

    (This date being 8 weeks shead of today)

    Signed Dated



    NOTES
    1 At the end of a fixed term of an assured shorthold tenancy, a court is obliged to make an order for possession if the landlord has correctly served a notice in this form.
    2 Where there are joint landlords, at least one of them must serve this notice if the tenancy is to be ended at or after the fixed term has expired.
    3 The length of the notice must be at least two months and the notice may be given before or on the day on which the fixed term comes to an end.


    INFORMATION FOR TENANT

    If the tenant or licensee does not leave the dwelling, the landlord or licensor must get an order for possession from the court before the tenant or licensee can lawfully be evicted. The landlord or licensor cannot apply for such an order before the notice to quit or notice to determine has run out.

    A tenant or licensee who does not know if he or she has any right to remain in possession after a notice to quit or notice to determine runs out can obtain advice from a solicitor. Help with all or part of the cost of legal advice and assistance may be available under the Legal Aid Scheme. He should also be able to obtain information from a Citizens Advice Bureau, a Housing Aid Centre or a rent officer

    Hows that?

    Leave a comment:


  • Beeber
    replied
    Many notices are not bullet proof and often fail when they reach court because the landlord has entered the wrong dates on them. Make sure yours is checked before you re-issue it. You can see from the following link that their completion, how to calculate the notice period, can be complex.

    http://www.letlink.co.uk/letting-fac...d-tenancy.html

    Leave a comment:


  • Barch
    replied
    Serving 21 again

    Hi Porridge, thanks for your help thus far.

    I'm serving her the notice tomorrow because the first one is invalid. It only gives four weeks. So the one for tomorrow is bullet proof!!

    I've sent a text to a friend requesting they meet at the flat tomorrow to witness the exchange. He will either see me hand over the envelope to her directly, or post it through her door. Either way, I have dated the document accordingly. Either 8 weeks from tomorrow if its in her hand, or 8 weeks from Monday if I have to drop it through the letterbox.

    I know I shouldnt have lost it, but when you are told that your tenant, depite bending over backwards to accomodate her is going to stay in your property, when my partner has handed her notice in at work to move up to Watford (we are in Poole) so that we can get the property in a saleable state, its not surprising I lost it! I will be the absolute gentleman from now. Once she has the document tomorrow, I will not be contacting her again.

    Leave a comment:


  • porridge
    replied
    Originally posted by Barch View Post
    No offence taken!!. The 4 week notice did mention Section 21. The 8 week one certainly does, I'm pretty sure its what is required. If I send it recorded, then she has to be in to receive it and I cant guarantee that she will be or that she will go and get it from the collection office. I thought if I drop it in to her, she will, and I will know she has it.

    I have replied to her text asking for "a signed copy of the AST to be sent to me and that I would help her find another home but that ultimately i will do all i can legally to get my house back. Repossession notice giving you 8 weeks will be with you tomorrow". I've then recommended she speak to a agent who I know deals with tenants on benefits and given there number.

    I was so angry today and told her so. As you would expect. I thought the tone of the text highlighted above showed her I was willing to help, not harrassing. I've joined the RLA and will send the a copy of the Notice Requiring Possession: Fixed Term Tenancy document that she will have a copy of tomorrow. I have not issue with this process taking the 8 weeks and beyond. If she is looking to get herself evicted so that the council will house her, then I guess we need to go thru the process. If someone else is advising her that she can stay there and theat she should contest the eviction, then, this could drag on and on, I guess.
    OK, so you've joined the RLA, give Dave a call on the helpdesk on monday (0845 666-5000) talk it through with home

    Handing it to your tenant is fine, but you still need a witness !, or its your word against hers and judges will always favour the tenant if there is ever any doubt, if you serve the notice in her hand then the notice will be deemed as being served that day.

    You say you were angry and you told her so- not a good idea, you've got to keep it together and behave beyond reproach, harrasment is a criminal offence.

    If you've already served a S21 notice, then why are you serving another one tomorrow?.

    good luck

    Leave a comment:


  • Barch
    replied
    Originally posted by porridge View Post
    Barch

    STOP !, don't do anything yet, no offence intended, but you're making a complete hash of all this and you seem to be digging yourself in a deep hole.

    Take my advice, join the RLA tonight, phone then on Monday phone their helpdesk- DO IT !

    You need to serve a Section 21, do this by dropping the notice through the letterbox, have someone witness you doing this ! (you will need to complete a certificate of service) I also reccommend you send a copy by recorded delivery. allow at least 2 days for the notice to have been considered as served, eg drop letter through letterbox on Monday 8th, date the notice as requiring possession after the 11th November.

    Re her attitude, take a step back and realise that there is a process that you now need to go through, it will take time, but you need to be beyond reproach, be carfeful not to have harrasment allegations made against you !

    This notice you have previously sent and the ine you intend to send, does it actually say "Section 21 (b) on it?
    No offence taken!!. The 4 week notice did mention Section 21. The 8 week one certainly does, I'm pretty sure its what is required. If I send it recorded, then she has to be in to receive it and I cant guarantee that she will be or that she will go and get it from the collection office. I thought if I drop it in to her, she will, and I will know she has it.

    I have replied to her text asking for "a signed copy of the AST to be sent to me and that I would help her find another home but that ultimately i will do all i can legally to get my house back. Repossession notice giving you 8 weeks will be with you tomorrow". I've then recommended she speak to a agent who I know deals with tenants on benefits and given there number.

    I was so angry today and told her so. As you would expect. I thought the tone of the text highlighted above showed her I was willing to help, not harrassing. I've joined the RLA and will send the a copy of the Notice Requiring Possession: Fixed Term Tenancy document that she will have a copy of tomorrow. I have not issue with this process taking the 8 weeks and beyond. If she is looking to get herself evicted so that the council will house her, then I guess we need to go thru the process. If someone else is advising her that she can stay there and theat she should contest the eviction, then, this could drag on and on, I guess.

    Leave a comment:

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