HB tenant's arrears; she's damaged the premises too

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    #16
    help with tenant

    hi her tenant agreement was from 2 Aug 2009 TILL JAN 2010 she still owns 1 months rent from jan 2010 - feb 2010 ,the rent this paid direct to me due to she was not paying her rent many thanks
    peter

    Comment


      #17
      Originally posted by brightspark View Post
      hi her tenant agreement was from 2 Aug 2009 TILL JAN 2010 she still owns 1 months rent from jan 2010 - feb 2010 ,the rent this paid direct to me due to she was not paying her rent many thanks
      peter
      Okay, as she already has one months rent unpaid, as soon as she misses another payment you can issue a section 8 notice under grounds 8. 10, 11 & 13. This requires only 2 weeks notice instead of the 2 months required for s21.

      You launch a possessionclaim at www.possessionclaim.gov.uk - it is £50 cheaper doing it online than using paperwork.

      It will take around a month before the hearing takes place, but so long as there is still 2 months unpaid, you will get a guaranteed possession order under ground 8. If some rent has been paid, the judge can consider giving you a possession order under grounds 10,11 or 13. The judge can order the tenant to repay the missing rent too.

      If the judge grants a possession order, the tenant will be given at least 14 days to go. If the tenant still refuses to go, you will have to employ court bailiffs, which is more expense and time.

      You should also look at the section 21 process, but s8 is usually the quickest option.

      DO NOT be tempted to use any process other than shown above. to do so will almost certainly be illegal eviction, which is a criminal offence.

      As an afterthought - in addition to all the above, issue a s8 now under grounds 10, 11 & 13. It would be pretty pointless following through with it but it might just show the tenant you are still serious and jolt her into action.

      Comment


        #18
        Go and see your tenant again, and explain that the housing benefit department have lost her information, and that you are sorry for the inconvenience it is causing her, but she needs to do it again.

        Her claim can then be reinstated, and you can get paid again including arrears.
        When you are being paid again, follow through with the sec 21
        Allow tenants to protect their own deposits. I want free money when they do it wrong

        Comment


          #19
          Originally posted by brightspark View Post
          her tenant agreement was from 2 Aug 2009 TILL JAN 2010
          If it was 2 Aug. 2009 to 1 Jan. 2010, that's only five months. Are you sure about the dates?
          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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            #20
            hi sorry

            no it was a 6 month tenant agreement

            Comment


              #21
              hi she as all ready missed one month payment jan -feb 2010 and she has never paid the missed rent and she has not made any kind of payment since june 4
              many thanks

              Comment


                #22
                Originally posted by brightspark View Post
                hi she as all ready missed one month payment jan -feb 2010 and she has never paid the missed rent and she has not made any kind of payment since june 4
                many thanks
                So, presumably she has at least 2 months unpaid - so follow my earlier advice

                Comment


                  #23
                  i have all ready issued a section 21 should i put in place a section 8?

                  Comment


                    #24
                    Originally posted by brightspark View Post
                    i have all ready issued a section 21 should i put in place a section 8?
                    Yes, a section 8 should be much quicker - you may have a decision before you can even file a claim with your s21.

                    Comment


                      #25
                      need help please with nightmere tenant!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

                      my tennant this on housing benefits ,and this 5 of them in a 2 bedroom house , the this 1 gril with young baby age16, 2 x kids,mother which sleeps in the same room as the 2x boys , my rent from the council has been stopped from the 10 jan2011 and she owns me 1 months rent from jan2010 , and her boiler has stopped working 2 weeks ago and when me and the plumer arrived at the house the boiler cover was taken off and she explaned to us that she has been messing around with the boiler to get it working ,i then told her that she should have not messed with the boiler and waited till we arrived .The plumber was at the house 2days after the boiler stopped working and while ordering parts for the boiler it has taken 2 weeks to sort out but we need a sensor to complete the job but the plumber was to go saturday afternoon to install and complete the job, but she text me 11.30 friday night and said that if the boiler was not fixed by 12noon she would call british gas and she called national grid and said the was a gas leak and before they came she has taken the combustion chamber off and electrical cover( pcb) the boiler and said the plumber had left it off so the national grid and issued a gas safety notice and turned off the gas and the plumber will not completed the work as she messed with the boiler so i have contacted a new plumber to fix the boiler,she has damaged the front door and painted flags on the front of the building ,and all so has a dog which we have not given perimison,she this on a short term notice and finishes 27 march 2011,i need her out can any please help

                      Comment


                        #26
                        Please answer thse questions:

                        When did the AST start and when exactly does it end?

                        Have you served your tenant a section 21 Notice Requiring Possession? if so, when did you serve it, how , and after which date did you say you required possession?
                        '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


                          #27
                          hi the ast was started 27 sept 2010 i have not given section21 and do i issue a section8 for the rent owed many thanks

                          Comment


                            #28
                            Originally posted by brightspark View Post
                            hi the ast was started 27 sept 2010 i have not given section21 and do i issue a section8 for the rent owed many thanks
                            How much is the rent per week/month?
                            Is rent payable monthly or weekly?
                            How much does she owe you at the moment?
                            '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


                              #29
                              she pays monthly and she owes £970.00

                              Comment


                                #30
                                You will need to answer MTGs post #4 with regard to section 8, and you need to tell us if T provided a deposit, and if you have protected it. You also need to clarify the monthly rent.

                                But..

                                You should serve a section 21(1)(b) notice requiring possession, expiring no less than 2 months after it is served. This is not likely to result in eviction until end of June. http://tenancyanswers.ucoz.com/index..._contract/0-37

                                This page will give you some info regarding the section 8 process - which could result in eviction around a month earlier, but will be dependent on the amount of unpaid rent, or the degree of damage caused. http://tenancyanswers.ucoz.com/index..._contract/0-36

                                Any damage the tenant has caused, you can attempt to recover from their deposit or guarantor. Alternatively, you can sue in court if you have sufficient proof and believe it is worthwhile. Tenant may counterclaim for disrepair.

                                Comment

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