I Want To Evict My Tenant

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    #31
    Originally posted by reddragon
    IT IS MY BUSINESS WHEN PEOPLE ARE UNFAIRLY TRYING TO CLAIM BENEFITS AND GET A COUNCIL HOUSE WHEN THEY ARE NOT ENTITLED TO IT. I AM A UK CITIZEN HAVE RIGHTS HAVE LIVED HERE ALL MY LIFE AND PAY FULL TAX AND NI SO YES IT IS MY BUSINESS WHEN PEOPLE ARE TRYING TO FIDDLE THE SYSTEM AS I HAPPEN TO THINK IT IS ALL WRONG THAT IS MY OPINION.
    You are entitled to your opinion but putting everything in capitals is what's getting everybody's backs up.We are all trying to help and can only advise you.99.999% of the posters on this forum keep within the law and that is how we are advising you by keeping within the law.I would just chill out and stop getting stressed.
    Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

    Comment


      #32
      Yes you are entitled to your opinions but personally I don't think this forum is the best place to air them. You asked an eviction question and I believe that has been answered. We are not here to take sides or to sit in judgement of anyone especially if they don't have the opportunity to defend themselves .. like your tenants, for example.

      You have no idea whether they are entitled to claim benefits or not and they are legally entitled to apply for a council house - whether they are accepted or not is between them and the council. It is pure conjecture on your part, apart from which those two issues (should) have nothing to do with you in your capacity as LL.

      I can only repeat what eveyone else is saying - minimise your losses and evict them because if you carry on being so stressed out like this over something that has nothing to do with you, you'll end up having a heart attack which certainly won't be in your best interests !!

      You win some, you lose some - put this down to experience, use it as a learning curve, move on and CHILL



      Originally posted by reddragon
      IT IS MY BUSINESS WHEN PEOPLE ARE UNFAIRLY TRYING TO CLAIM BENEFITS AND GET A COUNCIL HOUSE WHEN THEY ARE NOT ENTITLED TO IT. I AM A UK CITIZEN HAVE RIGHTS HAVE LIVED HERE ALL MY LIFE AND PAY FULL TAX AND NI SO YES IT IS MY BUSINESS WHEN PEOPLE ARE TRYING TO FIDDLE THE SYSTEM AS I HAPPEN TO THINK IT IS ALL WRONG THAT IS MY OPINION.
      Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

      Comment


        #33
        Originally posted by reddragon
        IT IS MY BUSINESS WHEN PEOPLE ARE UNFAIRLY TRYING TO CLAIM BENEFITS AND GET A COUNCIL HOUSE WHEN THEY ARE NOT ENTITLED TO IT. I AM A UK CITIZEN HAVE RIGHTS HAVE LIVED HERE ALL MY LIFE AND PAY FULL TAX AND NI SO YES IT IS MY BUSINESS WHEN PEOPLE ARE TRYING TO FIDDLE THE SYSTEM AS I HAPPEN TO THINK IT IS ALL WRONG THAT IS MY OPINION.
        That has nothing to do with your working relationship with these people, your yelling or with this site.

        Zoe

        Comment


          #34
          Originally posted by pms
          You are entitled to your opinion but putting everything in capitals is what's getting everybody's backs up.We are all trying to help and can only advise you.99.999% of the posters on this forum keep within the law and that is how we are advising you by keeping within the law.I would just chill out and stop getting stressed.
          AGREE WITH THIS AND SIMILAR VIEWS EXPRESSED BY OTHER POSTERS...

          Beware... shouting can be contagious!!!!!

          Seriously - cut out all the irrelevant dribble. If the issue comes to Court the Judge will not be interested. Focus on implementing and following through the legal procedures to regain possession of your property.
          Vic - wicked landlord
          Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
          Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

          Comment


            #35
            One point people are trying to make, is that typing in capital letters in forums is deemd to be shouting. That and it's not easy to read.

            Going back to a point you just made. If your tenants are more than 2 months in arrears, you can serve them with a Section 8 Notice, citing Ground 8. This Notice expires after 14 days, when you can apply to the court. It's slightly quicker than waiting for your Section 21 to expire.

            If thay are still 2 months or more in arrears at the time of the hearing, the judhe must give possession.

            If they are a bit crafty and pay some of the arrears to bring it below 2 months by the hearing date, you can apply via the Accelerated Procedure to evict them, as your Section 21 will have expired by then.

            Comment


              #36
              Perhaps you are unaware than typing all in capitals is considered shouting online?

              I can appreciate your frustration if indeed the family in question are fiddling the benefits system however this has no actual bearing on your current problem, that is tenants that you want to evict and so should be viewed seperately.

              I would do 2 things, evict the tenant as you have been advised and if you are so convinced they are fiddling the system report them to the benefit fraud helpline.

              Comment


                #37
                Originally posted by Mike
                I offer a tenant removal service - tenants removed quickly - never had any comebacks in the 5 years I have been offering this service. PM me for info - unfortunately I only operate in the South East.
                Hi that sounds a good idea just what we want. Unfortunately we are in Bolton in Lancs. Do you have any contacts or can recommend anyone in this area?

                My husband has been ill this weekend with chest pains and we want to get this sorted out quickly as we are already badly in debt and cannot now pay either of the mortgages or loans etc as we were relying on the rent money. We are now worried sick that we will lose our home to repossession proceedings and even if we do we won't get anything as we are so badly in debt. thanks for your help.

                Comment


                  #38
                  Originally posted by RichieP
                  One point people are trying to make, is that typing in capital letters in forums is deemd to be shouting. That and it's not easy to read.

                  Going back to a point you just made. If your tenants are more than 2 months in arrears, you can serve them with a Section 8 Notice, citing Ground 8. This Notice expires after 14 days, when you can apply to the court. It's slightly quicker than waiting for your Section 21 to expire.

                  If thay are still 2 months or more in arrears at the time of the hearing, the judhe must give possession.

                  If they are a bit crafty and pay some of the arrears to bring it below 2 months by the hearing date, you can apply via the Accelerated Procedure to evict them, as your Section 21 will have expired by then.
                  Hiya didn't know about the caps no-one mentioned it before and i have only just joined.

                  Where can i get a Section 8 Notice from? I have been on the Court website on the forms section but cannot find it to print it out. Do I just send it to the court or direct to the tenant? How much would it cost as we are in dire straits already and very financially strained. thanks a lot.

                  Comment


                    #39
                    Advice Please

                    Does anyone know if we can claim legal aid to get help with getting the tenants out and issuing the court forms etc.

                    My husband has used all his sick pay entitlement up at work due to having 2 carpal tunnel ops last year and is now severely stressed and poorly with his breathing so will be off work and is only entitled to SSP of about what £55 per week?

                    I work as a temp through an agency but have no work at the moment but I am not claiming anything and therefore I don't get any money.

                    Any suggestions would be greatly appreciated as we are worried sick about everything and that we cannot pay our mortgage or bills etc.

                    Thanks.

                    Comment


                      #40
                      You can download one here

                      Use Ground 8. Read here for more info.

                      You need to give 14 days from the date of service to the date of expiry. You then apply to the court when it expires.

                      Comment


                        #41
                        Originally posted by Paul_f
                        [*]No tenant can be evicted without a court order (warrant of possession). Anybody applying to a council for accommodation will not be entertained by them unless they are being made homeless, and only the courts can do that.[/LIST]
                        Really Paul? The council evicted/made my tenant "homeless" - no paperwork/no warning/nothing (defo no court order)

                        He had a valid 12 month Tenancy Agreement (and they were aware of this)

                        http://www.landlordzone.co.uk/forums...ead.php?t=2607

                        Comment


                          #42
                          Originally posted by RichieP
                          You can download one here

                          Use Ground 8. Read here for more info.

                          You need to give 14 days from the date of service to the date of expiry. You then apply to the court when it expires.
                          Thank you so much I will have a good read and print it out. Cheers you have been so helpful.

                          Comment


                            #43
                            I Want To Evict My Tenants

                            Hiya Richie P very kindly told me to use Section 8 and Ground 8 and gave me links to look at etc which were great.

                            I have got the form but it is asking me to state in Section 3...... Your landlord intends to seek possession on ground (8) in Schedule 2 to the Housing Act 1988 as amended by the Housing Act 1996 which reads............................................. I don't know what to put in this part -

                            Can anyone help please? I have looked everywhere.

                            Can i also use ground 12 as they have a dog - can i use both 8 & 12? The house is also very dirty and the neighbours have reported mice - can I use this at all? When we inspected it a few weeks ago it was filthy and clothes etc everywhere but they didn't like it when we mentioned it and just ignored us.

                            Also in the next Section 4 it says give a full explanation of why each ground is being relied on ...............do i put in this section that they are overdue with their rent etc?

                            The tenancy is also in joint names do i issue one form with both names on or seperate forms for each?

                            Also do i need to tell them i am issuing this form? if so any suggestions as to what i should put in the letter? - i am useless at writing letters and i dont want to get it wrong. can i post it or do i have to hand deliver?
                            Any help would be greatly appreciated. Many thanks. I have looked all over but there is so much information I am completely confused by it all. thank you all so much. Please help.
                            Last edited by reddragon; 05-06-2006, 07:34 AM.

                            Comment


                              #44
                              I have got the form but it is asking me to state in Section 3...... Your landlord intends to seek possession on ground (8) in Schedule 2 to the Housing Act 1988 as amended by the Housing Act 1996 which reads............................................. I don't know what to put in this part -
                              Ground 8
                              Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing -

                              (a ) if rent is payable weekly or fortnightly, at least eight weeks' rent is unpaid;
                              (b) if rent is payable monthly, at least two months' rent is unpaid;
                              (c) if rent is payable quarterly, at least one quarter's rent is more than three months in arrears; and
                              (d) if rent is payable yearly, at least three months' rent is more than three months in arrears;

                              and for the purpose of this ground "rent" means rent lawfully due from the tenant.


                              In your case, I assume it's part (b)?


                              lso in the next Section 4 it says give a full explanation of why each ground is being relied on ...............do i put in this section that they are overdue with their rent etc?
                              Yes. Put the amount of rent.

                              The tenancy is also in joint names do i issue one form with both names on or seperate forms for each?
                              One form per tenancy, not per person.

                              Also do i need to tell them i am issuing this form? if so any suggestions as to what i should put in the letter? - i am useless at writing letters and i dont want to get it wrong. can i post it or do i have to hand deliver?
                              Attach the Notice to a letter. Explain to them why you are serving the Notice, and that you would prefer to be able to reach an amicable resolution, rather than having to go to court.

                              You are best off hand delivering it, through the letterbox. Take a witness if necessary. If you aren't nearby, post a copy from 2 Post Offices and get a receipt of postage from both.

                              If you serve the Notice after 3.30PM, it counts as served the next day, so make sure you get your dates of service and expiry correct. Give then 15 days if necessary.

                              Can i also use ground 12...
                              Don't over-complicate it. Using Grounds like this requires gathering of a lot of evidence and witnesses prepared to stand in court. Even then, it's a Discretionary ground, so the judge is unlikely to award possession.

                              You may be able to save yourself a lot of grief by getting the professionals in for this. Try contacting Landlord Action, who advertise on the Landlordzone home page. See how much they charge. It may actually work out cheaper in the long run, as they won't make any mistakes.

                              Good luck.

                              Comment


                                #45
                                Look! You're obviously in a bit of a mess so it would pay you to instruct a decent solicitor who knows what they are doing!

                                Their having a dog won't help you get possession but you should also issue your S.8 Notice and include Grounds 10 & 11 as well. If you want to include other (discretionary) Grounds you can but don't count on the judge to help you.

                                One form with all tenants names should be on it.

                                As I say, get somebody who knows to help you!
                                The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                                Comment

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