Eviction advice please

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  • Eviction advice please

    Not been on the forum and feeling a biut guilty where i now seek advice ,but hopefully some will guide me.
    I appreciate this overlaps many similar threads, but again, it will be much appreciated if someone could give clarityto this specific issue.

    DSS tenants took occupation on 6 feb 2010.
    First months (feb ) rent paid in advance by local council.
    Further rent due direct from tenant who are in receipt of housing benefit to cover the rent.
    Have not paid march rent.
    will not respond to phone calls .
    Also have reasons to believe they are not looking after the property correctly
    (our fault but first rogue tenant in 8 years)

    Need to get them out asap but need clarification of procedure.

    At this stage i believe should write to them advising they are in breach of tenancy agrreement. ?

    i believe we cannot evict until they are two months behind with rent ?
    Is that 2nd april assuming we do not get aprils rent due on 1st april ? or is it 8 weeks from 1st march. ?

    I believe we then issue section 8 and sect 21-but what is the exact and earliest timing that we can do this ?

    all help much appreciated and again apologies where it will duplicate many similar threads

  • #2
    1. Disregard that T is on benefits.
    2. If T is in arrears with rent, you can serve a s.8 Notice under the Housing Act 1988.
    3. There are various Notice grounds.
    4. Ground 8: T owes an amount equal to (or exceeding) two months' rent, both on Notice date and at Court-hearing date.
    5. Ground 10: T owes any rent, both on Notice date and at Court-hearing date.
    6. Ground 11: Whether or not T owes anything, T has persistently paid late.
    7. Ground 8 is mandatory.
    8. Grounds 10/11 are discretionary.
    9. There are many LZ threads about them. Read on!
    10. The s.8 Notice gives T two weeks' warning, after which you can bring proceedings.
    11. Forget s.21 for now. It has a two-month Notice period and does not work during the fixed term.
    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 michaelmichael View Post
      Not been on the forum and feeling a biut guilty where i now seek advice ,but hopefully some will guide me.
      I appreciate this overlaps many similar threads, but again, it will be much appreciated if someone could give clarityto this specific issue.
      confession and apology accepted

      Originally posted by michaelmichael View Post
      DSS tenants took occupation on 6 feb 2010.
      First months (feb ) rent paid in advance by local council.
      Further rent due direct from tenant who are in receipt of housing benefit to cover the rent.
      Have not paid march rent.
      will not respond to phone calls .
      Also have reasons to believe they are not looking after the property correctly
      (our fault but first rogue tenant in 8 years)

      Need to get them out asap but need clarification of procedure.

      At this stage i believe should write to them advising they are in breach of tenancy agrreement. ?
      Correct. Start a paper trail.

      Day after rent missed, write a letter, reminding them rent was due etc.
      7 days after, if no payment still, write 2nd reminder letter stating breach of contract (specify exact clause in AST)
      7 days after that send 3rd reminder to them, and I would also recommend you write to the HB office informing them that T has not paid over HB. They won't do anything at this stage, but at least you have alerted them to the impending problem.

      Originally posted by michaelmichael View Post
      i believe we cannot evict until they are two months behind with rent ?
      Is that 2nd april assuming we do not get aprils rent due on 1st april ? or is it 8 weeks from 1st march. ?
      Yes, on 02-Apr-10, if no rent is paid again, then they have 2 months of unpaid rent (AST requires rent paid monthly?).

      1. Write again to the council on 02-Apr and inform them that T now has 2 months of unpaid rent, and request that HB be paid directly to you, in accordance with Housing Act 1988 Reg 96, and the DWP Guidelines Dec09, Sec 4.40-4.42. Give them your bank details. Send the letter by post, email and fax.

      2. Give them a couple of days, then telephone, and keep calling until they are fed up with hearing from you and deal with the matter. Persistence is key when dealing with LHA arrears issues.

      3. Start the paper trail again as previously, and this time let them know you will be contacting the council to inform that LHA is being misappropriated.


      Originally posted by michaelmichael View Post
      I believe we then issue section 8 and sect 21-but what is the exact and earliest timing that we can do this ?

      all help much appreciated and again apologies where it will duplicate many similar threads
      4. Issue them with Section 8 Notice, on grounds 8, 10, 11, giving them 14 days to pay up before court proceedings start (allow 2 days for postage etc.etc.)

      5. Issue them a S21(1)(b), with the effective date AFTER 5th August 2010. Send both S21 and S8 together and get a free certificate of posting from the post office.

      Comment


      • #4
        Despite post #3, I'd skip the letter-writing (wastes time) and issue Notice under s.8.
        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
          Originally posted by jeffrey View Post
          Despite post #3, I'd skip the letter-writing (wastes time) and issue Notice under s.8.
          Yes, I agree. However, it's 10 days until michael can serve a s.8 using ground 8. So would it be better to
          1. serve a s.8 using grounds 10 & 11 now, and then another s.8 using grounds 8, 10 & 11 on 2nd April, or
          2. send a reminder now, then a s.8 using grounds 8, 10 & 11 on 2nd April?


          and start proceedings on 16th April.

          My guess is Option 1. as a reminder letter has no teeth, and a s.8 notice, even on discretionary grounds, might be more effective as a reminder.

          Comment


          • #6
            Originally posted by jeffrey View Post
            Despite post #3, I'd skip the letter-writing (wastes time) and issue Notice under s.8.
            Originally posted by westminster View Post
            My guess is Option 1. as a reminder letter has no teeth, and a s.8 notice, even on discretionary grounds, might be more effective as a reminder.
            OP can decide which stage s/he starts from. Notice the letter sequence starts from day after rent is due!

            We all know council will do absolutely nothing, and refuse to even discuss the matter until the 2month unpaid rent is reached. Meantime, nothing stops the paper trail being created, in particular the letter to the council before the 2nd payment is missed. As I've found, the paper trail comes in useful when Housing Support officers (and others trying to "help" the T) start giving grief and wanting to know what LL has done to try to resolve matter without resorting to eviction etc.etc. Yes, we are still blamed for not doing enough to stop the arrears.

            Issuing S8 on non-mandatory grounds, as I've found, is hit and miss, mostly miss, as the "professionals" know its not got the real teeth without Ground 8. And so do the advisers at the council.

            Comment


            • #7
              many thanks to all

              Comment

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