Tenant has no intention of vacating!

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    Tenant has no intention of vacating!

    I have given my tenant notice to quit under Section 8 grounds 8, 10 & 11 and Section 21 (served on 4th March to vacate on 12th May). He currently owes £1,350 (rent is £600 PCM)

    I have a court date for Section 8 hearing on 1st May.

    I received a text message from him yesterday saying “ I don’t think I have thanked you for giving me another chance. If you had not we would have nowhere to go as we would not have enough time to get anywhere else so thank you.”

    This came totally out of the blue. I have said nothing of the sort. Blatantly, he does not intend to vacate on 12th May.

    Please help as I am at my wits end! Can I bring this up at the section 8 hearing on the 1st May or will I have to reapply to the court after 12th May if he does not vacate?

    Having never attended a Possession Hearing before, what can I expect? I the Judge likely to order him to leave, given that he obviously has no money to move and 3 kids?

    #2
    Simply attend the court hearing on 1 May with your supporting evidence and documents. Your tenants comments change nothing.

    If the section 8 action is unsuccessful then you should look at bringing your section 21 notice into play. Sounds like you are taking the right steps.

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      #3
      The section 8 ground 8 should result in a mandatory possession order unless he pays some rent arrears off before the court hearing. For that reason, (ie to cover all bases), it may be an idea to reply to his text saying that you do not know what he means since you have not offered to give him another chance and you still expect him to vacate when the notice expires.
      '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

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        #4
        Thanks for your advice.

        Is it worth sending him a letter along those lines too?

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          #5
          Originally posted by grimesk View Post
          Thanks for your advice.

          Is it worth sending him a letter along those lines too?
          Personally, I try to do all correspondence by letter and, having read the advice on here it appears that letters are a good way to correspond (I'd say it looks more professional than texting), but everyone else on here is waaaay more experienced than me, so I'd take their advice over mine!

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            #6
            Originally posted by grimesk View Post
            Thanks for your advice.

            Is it worth sending him a letter along those lines too?
            Yes, there would be no harm in that. Keep proof of posting it.
            '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

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              #7
              Consider sending the letter by Recorded Delivery. Even if T refuses the letter you have a certificate of posting which will prove to the court that you have taken all reasonable steps in contacting T.

              John

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                #8
                Although not being a lawyer I would suggest it better to ignore all contact with the tenant. Sending a letter is probably not a good idea unless using a solicitor to do it for you.
                Firstly, you might word it wrongly and find the letter being used in evidence against you.
                Secondly, you can swear on oath if necessary that you've instigated zero contact with the tenant.
                In my own recent case, my tenants claimed that I had been demanding cash payment of rent and had been aggressive in my approach to them. I was able to make an affirmation in front of the judge that there had been no contact - I was awarded possession.

                Further advice - calm yourself down and wait for the hearing. You will find the experience non-intimidating. Everyone is very helpful. You'll probably be nervous, shaking like a jelly - but I assure you that County Court judges must see very many cases such as this and although they can appear very stern - just make sure the paperwork is correct, answer any questions honestly and briefly (with a 'Sir' or 'Madam' - but don't overdo it!) - it should turn out in your favour.
                Harry

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                  #9
                  Methinks that when your tenant received his section 8 notice he started to get his thinking cap on to work out how to get round it. Then your section 21 notice arrived giving him a further 6 weeks (approx) notice (phew - breathing space). What he doesn't realise is that the s21 notice is only a back-up to your section 8 action and that you should get a possession order when this is heard. I would agree with those who advise "no contact". If he fails to turn up at court for the section 8 action due to his mis-apprehension, you stand a better chance of getting the desired document!
                  Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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