Served Section 21 But Tenant Hasn't moved Out

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    Served Section 21 But Tenant Hasn't moved Out

    Hi there

    I am new to this forum so i would appreciate as much help as possible.

    Having served a section 21 to a council tenant (rent is being paid as normal), they haven't moved out.

    I would like advice on the next steps to proceed to reposession and the likely costs or has anyone represented themself at court?

    Does a judge always award costs that have been laid out as well?

    I look forward to your comments.

    Thanks
    lmarwaya

    #2
    Originally posted by lmarwaya View Post
    Hi there

    I am new to this forum so i would appreciate as much help as possible.

    Having served a section 21 to a council tenant (rent is being paid as normal), they haven't moved out.

    I would like advice on the next steps to proceed to reposession and the likely costs or has anyone represented themself at court?

    Does a judge always award costs that have been laid out as well?

    I look forward to your comments.

    Thanks
    lmarwaya

    Hi

    I think it would be helpful to give just a bit more info.

    Firstly, you tenant wont be a council tenant (they are "secure" tenants under teh Housing Act 1985 and cannot be granted by private landlords). Do you mean that the person is in receipt of housing benefit or local housing allowance?

    And if so, has your tenant signed an assured shorthold tenancy agreement?

    Have the paid a deposit which you have protected?

    Preston

    Comment


      #3
      Hi Preston

      Yes they receive housing benefit.
      Yes they signed a 12 month ast which is up for renewal this month.It's probably worth adding that they have been my tenant's for 3 years.
      I've just realised that as their tenancy is ending perhaps i wont need to go down the section 21 route?

      As for the deposit, is was a landlord incentive program from recollection so i think this is protected by the local council but i would need to double check tmrw.

      Thanks for your response.

      Comment


        #4
        The council may even have givein me a £500 incentive to take the tenant, again i will double check tmrw morning.

        Comment


          #5
          Hi Preston, there is no mention of a deposit in any of the contracts.
          As it started 3 years ago the deposit scheme wasn't relevant at this time.

          I look forward to hearing from you.

          Comment


            #6
            Originally posted by lmarwaya View Post
            Hi there

            I am new to this forum so i would appreciate as much help as possible.

            Having served a section 21 to a council tenant (rent is being paid as normal), they haven't moved out.

            I would like advice on the next steps to proceed to reposession and the likely costs or has anyone represented themself at court?

            Does a judge always award costs that have been laid out as well?

            I look forward to your comments.

            Thanks
            lmarwaya

            Hi

            I'm not quite clear on the dates you have given. You say in one post that the tenancy is 3 years old and was a 12 month AST, but in another that it is up for renewal this month? Does that mean that you have reissued a new 12 month AST each year? If yes, then any deposit should have been protected when the tenancy was renewed, although I gather from what you have said that no deposit was paid anyway?

            The following comments assume you have served and dated the section 21 correctly (the requirements differ slightly depending upon whether the tenancy was renewed or whether it simply became a statutory periodic tenancy at the end of the first 12 month fixed period).

            The next step then is to submit your application for possession, assuming that the notice has been served and dated correctly and that it has now expired (the period of notice has ended).

            The courts service website has lots of useful information on how to complete the application. Try this reference and come back if you have any questions:

            http://www.hmcourts-service.gov.uk/i...ated/notes.htm

            The will generally award costs to you. As you will be using the accelerated procedure, there shouldnt be the need for a hearing (unless the tenant contests any of the facts of the case) in which case you won't need to attend court.

            Good luck

            Preston

            Comment


              #7
              Thanks for your response.

              I should make myself clearer.

              1. Tenancy was taken out in Jan 06 and I have issued a new 12-month tenancy at the end of each year. The latest one ends on the 18th Jan 2009 and I issued a Section 21 notice on the 13th October 2008.

              2. With regards to the deposit, the housing benefit chaps may hold a £500 deposit for damage (to be confirmed, not easy getting in touch with these people) but they certainly paid me a landlords incentive approx. £500. Will this affect the case in anyway by going through the accelerated procedure?

              3. I issued a new agreement at the end of each tenancy.

              4. I was under the impression that having served a section 21 notice I didn't need to give any reason for evicting the tenant, a little naive perhaps!

              5. Lastly, do you know if this is simple enough to do myself or is it better to get a solicitor involved, I should imagine this would be a fairly expensive route?

              Thanks again for your helpful comments.

              Lena

              Comment


                #8
                Originally posted by lmarwaya View Post
                Thanks for your response.

                I should make myself clearer.

                1. Tenancy was taken out in Jan 06 and I have issued a new 12-month tenancy at the end of each year. The latest one ends on the 18th Jan 2009 and I issued a Section 21 notice on the 13th October 2008.No problem, provided the section 21 was dated to expire after 18th Jan.

                2. With regards to the deposit, the housing benefit chaps may hold a £500 deposit for damage (to be confirmed, not easy getting in touch with these people) but they certainly paid me a landlords incentive approx. £500. Will this affect the case in anyway by going through the accelerated procedure? Not quite sure what is being said here, but if a deposit was paid by the tenant or someone else on their behalf, it should have been protected. If it wasnt, the accelerated procedure isnt available to you and there may be other penalties. So, its worth checking whether a deposit was paid I think?

                3. I issued a new agreement at the end of each tenancy.

                4. I was under the impression that having served a section 21 notice I didn't need to give any reason for evicting the tenant, a little naive perhaps! You are quite right - did I say something to contradict this, apologies if I did?

                5. Lastly, do you know if this is simple enough to do myself or is it better to get a solicitor involved, I should imagine this would be a fairly expensive route?This is something that many people do for themselves, just be careful with all the details and seek help if needed

                Thanks again for your helpful comments.

                Lena
                Good luck

                Preston

                Comment


                  #9
                  Thank you again for your comments, very helpful.

                  Best Wishes
                  Lena

                  Comment


                    #10
                    Originally posted by Preston View Post
                    The will generally award costs to you. As you will be using the accelerated procedure, there shouldnt be the need for a hearing (unless the tenant contests any of the facts of the case) in which case you won't need to attend court.
                    The standard court rules are that you will get your court fees. If you use a solicitor then you can also claim fixed costs of £69.50 - your legal costs are likely to be more than this.

                    If you do not use a solicitor then you can claim the court fees plus two thirds of the fixed costs (I think) in accordance with CPR rule 48.6(2).

                    The exception to the above is when your contract allows you to contractually claim the costs from the tenant. If your agreement provides for this then you can recover most of your legal costs.
                    PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

                    Comment

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