Letting problem- rent arrears, now Court

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    #46
    an interesting turn of events mmn
    t has become a lot more resonable in some ways and wishes to work things out
    his position
    he wants council to rehouse him and family total 6
    coucil say he has to be in the area for 6 month min
    he has applied for rehoming with council.
    6 months ends 10 april
    i have issued grounds for eviction section 8 section 21
    he does not want to be homeless and he also mentions that in some cases where the council cannot find suitable accomodation they have applied back to the court for an extra 57 days even though court has agreed eviction .

    your contructive thoughts could be very useful especially if we could get t not to pursue his claim re deposit penalty
    thanks as always
    phill

    Comment


      #47
      t wants to live at house for 6mths to gain coucil house

      t moved in on 10 oct --have had various issues with him but now wants council to rehouse him --he has to be in the area for 6 months to qualify .
      i have the house up for sale have issued section 21 and section 8 on various grounds .

      i need him out idealy on 10 april what is the best process
      i used to live in this property btw
      he is under the impression that he has to be out on the street for the council to consider him priority.
      would that would mean a court order and bailif ....
      costing me money --can that be reclaimed from him lol
      thanks in advance

      Comment


        #48
        Presuming the 14 days of the s8 is up, you can start PCOL today at a cost of £100. Your hearing would be somewhere around 26 Feb - 10 March. Judge will most likely give 14 days to get out.

        This is the stage when some councils will help (not all). Presuming tenant doesn't go, you need court bailiffs - say another fortnight (+ £££s) might just take you to 10 April on the button!

        You can claim missing rent and court costs as part of the s8, but does he have assets to pay with?

        Comment


          #49
          court hearing --part 8 deposit issues

          in short 800 is deposit
          gave tenant time to pay --tenant paid only 500 over 2 months
          defaulted on third payment

          put money which was towards a depoisit in scheme after secound installment
          gave him prescibed info

          i have just had a notice from court -part 8 hearing for april

          this is after him offering to work things out without court proceedings--which i have a witness too ---i neverthe less filed court papers in time .
          not trusting his word .
          where do i stand
          what is a part 8 hearing --only 20 mins btw
          thanks to all with good contributions

          Comment


            #50
            Have you already protected in a recognised scheme all deposit payments received from the tenant?

            If so, I don't think you much to worry about other than what appears to be an awful tenant.

            The judge can only make the 3x penalty order, as far as I can remember, only in addition to an order for you to refund the deposit or put it into a scheme.

            I think case law has shown that the court will not order you to refund the deposit if the tenancy remains extant and the deposit is already protected.

            Comment


              #51
              Originally posted by dominic View Post
              Have you already protected in a recognised scheme all deposit payments received from the tenant?

              If so, I don't think you much to worry about other than what appears to be an awful tenant.

              The judge can only make the 3x penalty order, as far as I can remember, only in addition to an order for you to refund the deposit or put it into a scheme.

              I think case law has shown that the court will not order you to refund the deposit if the tenancy remains extant and the deposit is already protected.
              Yes, to the third paragraph. This turns on the 'also' in s.214(4).
              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


                #52
                t--- deceitful/ lying /threatening violence

                as u can see from this story t says want to work things out ---reality is he was just stalling ..
                i went to do some repairs today on fiiinishing i decided to tackle this upcoming court case which is to do with penalties etc .no his solictor has advised him to continiue with case .
                i told him he would not get any thing out of me ..
                i then presented him with his outstanding account-- he owes 1200 ish.

                he then starts geting threatening violence and threats come in from all 4 of them --so i leave and call police .
                i only wish i used my mobile phone to record it all .

                they claim i harrased them ---4 of them lying away ...
                against my word ---no chance of any action against them

                police warn me to stay away..


                warning to all--- record any major conversations and take other people around with you...
                i expect they will get their solicitor to send some harrasment letter

                Comment


                  #53
                  need info ground 1

                  my circumstances are changing
                  and after threats i want my house back asap....
                  now in my contract with them there is no notice given for this unfortunatly
                  however i need this back as my main home ---what constitutes so that mandatory possesion is ordered ..

                  just and equitable to dispense with the requirement of notice and (in either case)





                  Ground 1
                  Not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground or the court is of the opinion that it is just and equitable to dispense with the requirement of notice and (in either case) -

                  (a) at some time before the beginning of the tenancy, the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them occupied the dwelling-house as his only or principal home; or

                  (b) the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them requires the dwelling-house as his or his spouse's only or principal home and neither the landlord (or, in the case of joint landlords, any one of them) nor any other person who, as landlord, derived title under the landlord who gave the notice mentioned above acquired the reversion on the tenancy for money or money's worth.

                  and also would a recording of conversations be admissable in court ...

                  thanks in advance

                  Comment


                    #54
                    Please remind us: before you let to T, did you serve a g1 Notice?
                    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


                      #55
                      Originally posted by pjb0150 View Post
                      i have just had a notice from court -part 8 hearing for april
                      Issuing another notice isn't going to get you another hearing any faster.

                      Comment


                        #56
                        no notice in contract

                        no g1 notice in contract ---unfortunatly not ---but for all future lets by people not me i hasten to add --why not include this in the contract as it seems it gives mandatory grounds for possession ...

                        Comment


                          #57
                          No- a g1 Notice (where applicable) ought to be served on prospective T before L and T enter into an AST/SAT.
                          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


                            #58
                            Originally posted by pjb0150 View Post
                            you may have heard this so many times ---basically i felt sorry for this family
                            and as my house was up for sale and still is --i let this family come in on a month by month basis --ie they could give me 1 months notice as i could give them i month --i let them in by paying only a partial deposit with the balence being paid over the next 2 months ..

                            they are in default of paying their deposit in full

                            of course they were dss

                            with conditions to show prospective purchasers around ---which they did but actually put off prospective buyers which i later found out about ....

                            the council have only made some payments and the tenants are in arrears.
                            on the contract it clearly states payments are in advance .at this time they are about one month in arrears ...

                            they moved in in october 09

                            at the time of them moving in i gave permission for their extended family to stay and help with the move .what a mistake

                            i went round last night to try and sort out the problems and took a policeman and i am glad i did

                            extended family is still there --and i gave them 48hrs to leave
                            ,
                            shouting mouthing yob that he turned out to be nearly got himself arrested .
                            with his wife chipping in --you can imagine the scene

                            so i served them with one months notice ...

                            however today when i start looking at the tenancy laws governing this country i am aghast at the rights they have ..

                            i am checking with my insurance but the extended famlily may be invalidating my insurance

                            i need these people removed and need some solid advice asap
                            thanks in advance
                            phill
                            y not try and be a bit more reasonable instead of bossy i have read some of your comments and you seem very unreasonable and solictors do not sen haressing letters have you ever thought they might have evidence that you have been unreasonable meaning asking for a room for 1 unless you moved in with them you where in with no chance why dont you both agree to be resonable i mean the chance of the coucil housing them are nil i can tell you that why not try and find them a private place big enough lol they might appreicate you nevr know unless you try they are not animals i can a sure you as you are tryng to make out

                            Comment


                              #59
                              Originally posted by smiley132 View Post
                              y not try and be a bit more reasonable instead of bossy i have read some of your comments and you seem very unreasonable and solictors do not sen haressing letters have you ever thought they might have evidence that you have been unreasonable meaning asking for a room for 1 unless you moved in with them you where in with no chance why dont you both agree to be resonable i mean the chance of the coucil housing them are nil i can tell you that why not try and find them a private place big enough lol they might appreicate you nevr know unless you try they are not animals i can a sure you as you are tryng to make out
                              That is one heck of a long sentence, which unfortunately, is incomprehensible.

                              You should try using punctuations .

                              Comment


                                #60
                                Originally posted by havensRus View Post
                                That is one heck of a long sentence, which unfortunately, is incomprehensible.

                                You should try using punctuations.
                                There's a misplaced comma in your own first paragraph!
                                Try "That is one heck of a long sentence which, unfortunately, is incomprehensible."
                                See? Now more comprehensible!
                                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

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