Rent arrears, T never furnished property; how to evict her?

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    Rent arrears, T never furnished property; how to evict her?

    HI [U]I have a tenant who has tried to scam me with the DPS and with my landlord gas safety cert I Completed an AST in June and received one months rent in advance and half deposit. My lovely Tenant did not move in for 3 weeks then didn't pay next months rent or other half of deposit as promised. When I finally managed to contact her she kept pretending that she had paid and there was a problem with my account number, the bank computers, ect. I realised that I wasn't going to get the 2nd half of the deposit so I paid in to the DPS what I had already received. This was in week 6 of the tenancy so it was late. I think that she started to pay her rent again when she received her deposit ID. She has now paid another months rent plus 15% off her arrears So I cannot issue a section 8 as she is no longer 8 weeks in arrears. She has moved a man in with her who is not on the agreement. She still has no furniture in the property apart from a bed. She will not answer the phone or the door, would not consent to the renewal of the landlords gas safety certificate so with written notice I entered the property with the gas engineer. I want her out of the property as I don't know what she will try next. My paperwork is up to date and I have not harassed her in any way (there is an 8 week waiting list at our county court if I don't use the accelerated process) Shall I use Section 21 at end of tenancy? Can I use more than one grounds for eviction. What will be the quickest process?

    #2
    Originally posted by martine View Post
    So I cannot issue a section 8 as she is no longer 8 weeks in arrears.
    Yes you can. Use grounds:
    a. 10 (rent arrears);
    b. 11 (persistent late payment); and
    c. 12 (breach of non-rent obligations- e.g. unlawfully sharing occupation).
    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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      #3
      If the only item of furniture is a bed, there might be some mileage in 'immoral activity' grounds as well?
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

      Comment


        #4
        Originally posted by mind the gap View Post
        If the only item of furniture is a bed, there might be some mileage in 'immoral activity' grounds as well?
        Yes. That's within g12 AND also (perhaps) g14 which demands either:
        a. T being "guilty [NB: not necessarily convicted] of conduct causing or likely to cause a nuisance or annoyance to [anyone] in the locality; or
        b. T being convicted of:
        i. using the dwellinghouse or allowing it to be used for immoral or illegal purposes; or
        ii. an arrestable offence committed in...the dwellinghouse".


        A bed-only dwelling? Sounds like T is using it for casual short-stay horizontal inter-personal proximity activity!

        IF g14 is used, alone or with others, there is NO Notice period. As soon as Notice is served, L can begin procedings at once!
        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


          #5
          Now if it was a bed with a video camera on a tripod at the foot of the bed it's probably immoral. I happened across that in my housing assoc days...
          My views and posts are based on my opinion and any advice given is just that, advice. If you decide to act on any advice given it is with the full knowledge that I am not perfect and anything I say could be wrong!

          Comment


            #6
            Originally posted by Sorrel View Post
            Now if it was a bed with a video camera on a tripod at the foot of the bed it's probably immoral. I happened across that in my housing assoc days...
            Or maybe the OP should improvise by adding the video camera in return of T living rent free.

            Comment


              #7
              Put a debt collection agency onto it and serve s8.

              Comment


                #8
                Originally posted by jeffrey View Post
                casual short-stay horizontal inter-personal proximity activity!
                I think this great defintion should be added to or replace the current standard Oxford English Dictionarry definition for these acts!

                Comment


                  #9
                  Originally posted by TenantsLuvMe View Post
                  I think this great defintion should be added to or replace the current standard Oxford English Dictionarry definition for these acts!
                  defintion? dictionarry? You're slurring your words!

                  What acts? Surely Jeffrey can only be referring to two professional cleaners vacuuming and didsinfecting under a bed?!
                  'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                  Comment


                    #10
                    Originally posted by mind the gap View Post
                    didsinfecting
                    Always a problem. Dids you did or dids you didn't? Check in didsctionary.
                    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


                      #11
                      Originally posted by jeffrey View Post
                      Always a problem. Dids you did or dids you didn't? Check in didsctionary.
                      Ha! Well spotted. It's obviously contagious!
                      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                      Comment


                        #12
                        Originally posted by mind the gap View Post
                        If the only item of furniture is a bed, there might be some mileage in 'immoral activity' grounds as well?
                        Surely this is a very difficult thing to prove, and wouldn't stand up in any proceedings. If anything, surely the T could just say that they only slept at the property, or indeed that they couldn't afford any other furniture! (and thus perhaps why they are struggling to pay the rent on time etc.)

                        Comment


                          #13
                          Originally posted by PhoenixPropertyShop View Post
                          Surely this is a very difficult thing to prove, and wouldn't stand up in any proceedings. If anything, surely the T could just say that they only slept at the property, or indeed that they couldn't afford any other furniture! (and thus perhaps why they are struggling to pay the rent on time etc.)
                          Free furniture is available from charities. Presumably the neighbours may have a view on what was going on in that property?
                          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                          Comment


                            #14
                            Originally posted by mind the gap View Post
                            Free furniture is available from charities. Presumably the neighbours may have a view on what was going on in that property?
                            ...as might the, er, customers?
                            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


                              #15
                              Originally posted by jeffrey View Post
                              ...as might the, er, customers?
                              Unless they were in the dark!
                              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                              Comment

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