I Want To Evict My Tenant

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  • RichieP
    replied
    What you have there is fine. You don't send a copy to the court, but keep a copy of the Notice and the letter.

    When the Notice expires, you get the forms from the court, or cortservice website. You fill them in and send 3 copies to the court.

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  • reddragon
    replied
    [QUOTE=RichieP] 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)?

    Hi I have now prepared a Section 8 notice as per your kind instructions - unfortunately I am still confused about what to put in Section 3 'your landlord intends to seek possession on ground 8 in section 2 of the ................ which reads: -


    What do I type in here? Do I type in this ....."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 -

    (b) if rent is payable monthly, at least two months' rent is unpaid;

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

    I will be sending this tomorrow with a covering letter to the tenant. Do I also send one straight to the court as well? many thanks again for all your help.

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  • Muse
    replied
    I second PaulF, if you are unsure (& inexperienced) you can end up getting it wrong. The tenant doesn't have to/probably won't tell you if you've got it wrong they'll just ignore you. When you go to court you'll lose & have to start all over again thus costing you more in loss of rent etc.

    I say this not to be patronising but from bitter experience, I went down this road about 2 years ago and learnt the hard way, it was a sobering (and somewhat humiliating experience) having to sit opposite 'smug tenant' and their 'incredibley righteous housing aid advisor' only to be told that due to a technicality my request for posession was not granted. Since then I have been careful enough in my referencing of tenants not to need to do this again. My loss whilst annoying, irritating, sickening and a whole host of other things was a good kick up the backside and I have made sure since then to be careful in future about my choice of tenants and to do my homework properly in relation to my rights/responsibilities as a Landlord.

    Contact someone who knows what they are doing if you are unsure it will save you in the long run.

    Leave a comment:


  • reddragon
    replied
    Originally posted by Poppy
    Careful, someone may bite thread respondents’ heads off if answers aren’t to someone’s liking!
    I hope you aren't referring to me? I really appreciate all the help some people! have given me. There is no need to be sarcastic or nasty!

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  • Poppy
    replied
    Careful, someone may bite thread respondents’ heads off if answers aren’t to someone’s liking!

    Leave a comment:


  • PaulF
    replied
    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!

    Leave a comment:


  • RichieP
    replied
    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.

    Leave a comment:


  • reddragon
    replied
    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.

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  • reddragon
    replied
    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.

    Leave a comment:


  • Billy Whizz
    replied
    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

    Leave a comment:


  • RichieP
    replied
    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.

    Leave a comment:


  • reddragon
    replied
    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.

    Leave a comment:


  • reddragon
    replied
    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.

    Leave a comment:


  • reddragon
    replied
    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.

    Leave a comment:


  • Muse
    replied
    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.

    Leave a comment:

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