Can I start repossession now & acquire order for unpaid utilities & rent?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Can I start repossession now & acquire order for unpaid utilities & rent?

    I correctly served s.21 to my T 05/02/10, it expires 23/04/10.

    T is not paying outstanding utility payments. I’ve given final demand to pay before court action. Should I start the action now? It maybe that other money for rent and utilities will not be paid before T leaves.
    What is the earliest I can start a repossession order and could I include in this an order for costs including any outstanding rent and utilities.

    Thanks in advance for any words of wisdom.
    Stephen

    #2
    You can start s.21 proceedings but will not obtain a Possession Order operative earlier than 23 April.
    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


      #3
      Originally posted by stephenenglish View Post
      T is not paying outstanding utility payments. I’ve given final demand to pay before court action. Should I start the action now?
      No. Wait until T vacates, then contact utility companies (they may need a copy of the AST) to find total amount owed during the tenancy (assuming AST makes T liable for utility bill payments).

      Originally posted by stephenenglish View Post
      What is the earliest I can start a repossession order...
      Assuming a valid s.21 has been served for an AST in England or Wales, then you can apply for a court order after s.21 notice expiry; this order can only be enforced after the first six months of the tenancy.

      Originally posted by stephenenglish View Post
      ...could I include in this an order for costs including any outstanding rent and utilities.
      Assuming the amount owed is less than £5k, you will need to make a separate claim for unpaid rent via the small claims track.
      The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

      Comment


        #4
        It is not your responsibility to collect monies due to utility companies from the tenant. Concentrate on what is due to you and the eviction.

        Comment


          #5
          Originally posted by Poppy View Post
          It is not your responsibility to collect monies due to utility companies from the tenant.
          Agreed, providing unless the accounts are in the landlord's name for some reason - which was my take oin the situation...

          Comment


            #6
            I correctly served s.21 to my T 05/02/10, it expires 23/04/10.
            Hope you are right: You won't find out if it is "correctly served" until & unless the tenant challenges it in court/the judge at the possession hearing decides you drafted it incorrectly...

            If tenant leaves without getting to court you'll never know ....

            Cheers!

            Lodger
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment

            Latest Activity

            Collapse

            • Reply to Flat rental bathroom query
              by Landyman
              Are you saying that the toilet and basin are out in the open, adjacent to the kitchen? Or are they in a separate room?

              Does the room have a window? Or a fan ventilator?

              It's had to visualise exactly what you mean. Could you sketch a simple floorplan and upload that here p...
              16-01-2022, 23:47 PM
            • Flat rental bathroom query
              by NewGuyOne
              Hello,

              A rented flat with a toilet (of course) and basin next to the kitchen, and a bedroom with a quite small en suite - shower/basin/rail for towel ... Is this acceptable in a flat - with no additional separate bathroom?

              Flat consists of 1 bedroom en suite, hallway, lounge,...
              16-01-2022, 20:13 PM
            • Reply to Problems with tenant getting work done and not paying me rent
              by axil23
              Thank you Lawcruncher.

              Just so I am not reading the lease wrong. Executed as a deed means that it has to say that and be witnessed by a 3rd party right?...
              16-01-2022, 23:23 PM
            • Problems with tenant getting work done and not paying me rent
              by axil23
              I have rented my house to a {name removed} who use it to house Asylum seekers from a govt contract. In June the flat roof developed a leak and they asked me to fix it which I did the next day. 6 months later I get a bill for £1900 for scaffolding, asbestos survey, party wall agreement & for some...
              13-01-2022, 12:05 PM
            • surrender of lease charges
              by jshire
              Hi,
              I'm trying to assist a family member who is in the process of surrendering a lease on a shared flat (all tenants moving out). The landlord agreed as the reasons were reasonable. He's sent an email stating that there will be costs that the tenants have to meet, charged by the letting agent...
              16-01-2022, 20:49 PM
            • Reply to Gas certificate fail
              by MdeB
              But if you had a valid certificate when the tenancy started but failed to give it to the tenant, then I believe that providing them with a current certificate before serving S21 will be OK....
              16-01-2022, 20:30 PM
            • Gas certificate fail
              by ReginaPhalangi
              We've been renting out our property since 2017 and now have given notice to our tenants to leave. However we have just realised that we have failed to get a gas certificate during their tenancy. Is it possible to get the gas certificate now? Would we need to give notice again after we issue the gas...
              15-01-2022, 20:05 PM
            • Reply to No Tenancy agreement
              by MdeB
              There are a number (of the order of 20) of grounds under which possession can be sought. See the Housing Act 1988.



              The claim is for the period for which they were paying rent whilst there was no required licence in place, up to a maximum of 12 months. Getting a licence ends...
              16-01-2022, 19:32 PM
            • Reply to No Tenancy agreement
              by MdeB
              That depends on when the tenancy started.


              Or, possibly, the one in place when it is given to the tenant. The regulations are ambiguous...
              16-01-2022, 19:18 PM
            • Reply to Wales: New Legislation – your roles and responsibilities
              by steaming
              4. Antisocial behaviour…..a fair and consistent approach to everyone. No. 4 is then not mentioned in the extended information (click link). Surely this needs explaining in detail or, maybe, they haven’t actually thought further that the nine words used. No surprise.
              16-01-2022, 19:17 PM
            Working...
            X