Problem tenants... HELP!

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  • Problem tenants... HELP!

    Hello, I've got a problem with my tenants,

    - The Couple rent a room in a six bed house, they have been constantly loud and disruptive over the last 8 months of being in the house. They have also missed payments etc. Because of this I've decided to evict them!

    - I've gone through these forums and given them a 'section 8' notice. Have i done the right thing? I'm worried that they won't go as they said i have the wrong form (they went to a housing-help place, Shelter).

    - They have signed up to a 6 month AST tennancy.

    - Also i have two further concerns, I didnt realise i needed to get a licence for the house being HMO, nor did I realise I need to protect their deposit!? If this goes to court, will i have to pay a stupid fine for this as well? Or will it not even come about?

  • #2
    By using section 8, you avoid the deposit and non-licensed HMO being a problem with your eviction, both would have invalidated a s21. What grounds have you cited on your s8 notice?

    You should protect the deposit NOW and issue the tenants with the required documentation. This will prevent any action being brought against you for non-protection. https://www.depositprotection.com is free and you can pay the deposit in by card.

    You can apply for a HMO licence at your local council. I believe the requirement is that you must have applied for one, not that you must actually have one. I suspect that will prevent that being a problem.

    If they are being advised by Shelter, you will have to make sure all the processes are done correctly. They are unlikely to leave until you obtain your court order, or they may even wait for the bailiffs. Most ASTs allow you to recover the eviction fees from the deposit.

    Comment


    • #3
      Thanks for your reply,

      I have got grounds; 11, 12 & 14. All of which can be proved.

      When/how should I apply for possession? (I've looked all over the internet and i can't believe theres no government advice for landlords yet loads for tenants advice)

      I got a letter from Shelter saying that if i havent given them deposit protection within 14 days then they could sue me up to 3 times that amount! - So would it do alot of good ?

      Thank you so much..

      Comment


      • #4
        Why not grounds 8 and 10?
        Anyway, all that you need to do (no Notice period affects this, if you include g14) is to apply to Court.
        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


        • #5
          They only owe 2 weeks. Their payment is random and always late. However up to two weeks ago, they had been paying on time. The main reason for me evicting them is their constant brutal arguments. Police to the house etc.

          - Whats a g14?
          - Do I not need to wait two weeks after sending the section 8 to apply for court?

          Thanks for your reply!

          Comment


          • #6
            Originally posted by Ollie View Post
            They only owe 2 weeks. Their payment is random and always late. However up to two weeks ago, they had been paying on time. The main reason for me evicting them is their constant brutal arguments. Police to the house etc.

            - Whats a g14?
            - Do I not need to wait two weeks after sending the section 8 to apply for court?

            Thanks for your reply!
            A. If there is any unpaid rent, use g10.
            B. G14 is one that you said that you're using; so how come you don't know what it is?
            C. The Notice period is two months or two weeks or nothing. It depends on what combination of grounds is used. You're using g14, with others; so no Notice period applies.
            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


            • #7
              Oh i thought you ment g14 is a paper, i get it now, 'g stands for ground. Silly me.

              I've given them two weeks, untill the 28th March. How would I apply to the court for possession? And how long do you think it would take ?

              Do I apply for possession, then the Court looks at the evidence and my claim, then send out balifs? and does that happen stright away or is it like a further 2 week later for balifs to come. Also, do i pay for the baliffs or? or does the tenant get a bill for it all (inc my court fee's?)

              Sorry to bore you with all my questions! Thank you so much for your time!

              Comment


              • #8
                To clarify: what grounds are you using?
                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


                • #9
                  Ground 11, 12 & 14

                  Comment


                  • #10
                    Originally posted by Ollie View Post
                    Ground 11, 12 & 14
                    So, as I've already posted, you simply need to serve s.8 Notice and- next day- you're free to institute proceedings. No "two-week" delay is necessary.
                    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


                    • #11
                      If ou are only using grounds 11,12, and 14 these are discretionary grounds.

                      You would need to wait for the section 8 notice to expire, and then issue proceedings (form N5 and N119).

                      I should point out now that unless a mandatory ground applies when you serve the notice (typically ground 8) then I think you are at a real risk that a possession order will not be granted.

                      Once you issue a claim the court will list a hearing. T will be required to file a defence in advance of the hearing. At the hearing the court will have to decide whether it is reasonable to make a possession order.
                      PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

                      Comment


                      • #12
                        Okay so I'll wait to the 28th March, then apply for court possession?
                        Sorry what do you mean when you say 'unless a mandatory ground applies when you serve the notice' ? Do you mean if i can't prove ground 11,12 & 14?

                        I have bank statements to prove ground 11, I can provide whitness statements and police should have records to prove ground 14

                        So I should 'win' right?

                        Comment


                        • #13
                          Originally posted by Paul Gibbs View Post
                          You would need to wait for the section 8 notice to expire
                          No. There is no notice period if g14 is used, alone or with others.
                          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


                          • #14
                            Also, thinking outside the box.... what happens if I just decide to live there? Move in one of the unlet room, surly ive got more rights?

                            Comment


                            • #15
                              In answer to your last question first - you would have no extra rights if you moved into the property - your tenants were given an AST, which became a SPT - there is no simple way to change this.

                              With Section 8 - if any of the grounds 1 to 8 are provable, the judge HAS to give you a possession order. With grounds 9 onwards, the judge MAY give you a possession order.

                              If you want guaranteed possesion, you will have to use section 21 - but before that you must protect the deposit and register your HMO or Shelter will advise the tenant (correctly) that the s21 notice is invalid.

                              As you have already been told, there is no 'waiting period' on a section 8 notice which incorporates ground 14 - so you can apply to the court for possession today. The cheapest way is via the PCOL website (google PCOL) where the cost is £100.

                              Presuming you get your possession order, do not forget that even with that, if the tenants do not leave of their own free will, you can not force them out, you will have to employ court bailiffs to do so.

                              Further to my earlier post about the tenant being liable for these costs - remember you can't take the money from the deposit unless a) the tenancy agreement gives you that right AND b) the deposit is protected.

                              Comment

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