Serving section 8 / changing locks

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    Serving section 8 / changing locks

    Good afternoon

    I am about to serve a section 8 notice on a tenant who rents a room from me. Currently my sister and another member of my family live there and I only stay once in a while as I travel all over the country for my work but this is my official address. All facilities are shared/communal. He was provided with a 6 months agreement which remained unsigned and paid 2 weeks deposit. Before the expiry of this we gave him notice to quite at the end of the agreement which was end of march. We have tried to be sympathetic to the various issues this tenant has had - e.g. him losing his job, being hospitalised but have now had enough as he has made no effort to pay rent for several months now.

    Where do we stand after the 14 days are up once this notice is served?

    Can we change the locks straight away or do we have to go through the process of going to court?

    Did the deposit have to be in any sort of deposit scheme?

    thanks for you time

    #2
    Originally posted by Nic44 View Post
    Good afternoon

    I am about to serve a section 8 notice on a tenant who rents a room from me. Currently my sister and another member of my family live there and I only stay once in a while as I travel all over the country for my work but this is my official address. All facilities are shared/communal. He was provided with a 6 months agreement which remained unsigned and paid 2 weeks deposit. Before the expiry of this we gave him notice to quite at the end of the agreement which was end of march. We have tried to be sympathetic to the various issues this tenant has had - e.g. him losing his job, being hospitalised but have now had enough as he has made no effort to pay rent for several months now.

    Where do we stand after the 14 days are up once this notice is served?

    Can we change the locks straight away or do we have to go through the process of going to court?

    Did the deposit have to be in any sort of deposit scheme?

    thanks for you time
    Much depends on your 'tenant's true status. If the property is your principal residence (is it?), then he may be your lodger. Otherwise he is your tenant.

    What do you think he is?

    Whta kind of tenancy agreement does he hold?
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

    Comment


      #3
      It is just a generic agreement stating landlord tenant obligations, document does not state it is an AST.

      My sister has been the main point of contact for this, so although the tenant knows me as the owner, my sister is the one who deals with everything and who the tenant goes to.

      I believe he is a lodger...but legally with the agreement would he be classed as a tenant?

      Comment


        #4
        Originally posted by Nic44 View Post
        I believe he is a lodger...but legally with the agreement would he be classed as a tenant?
        His status does not depend on what the agreement says, but on whether the house is your only or principal residence now and when the tenant/lodger moved in. You said originally that it's your 'official' address - but what do you mean by that? Do you own another house, etc?

        Comment


          #5
          This is my main residence, I own another but that is an investment property and I have never lived there.

          Tenant moved in Sept, agreement expired in March, notice for him to leave was given in february giving him 8 weeks to the end of the agreement. He was in hospital during this time and was not working. being sympathetic we let him stay for another month to let him save to move on, but he show no intention of leaving and is making veiled threats about us taking him to court to get him ou. hence the section 8 being filed.

          Comment


            #6
            Originally posted by Nic44 View Post
            This is my main residence, I own another but that is an investment property and I have never lived there.

            Tenant moved in Sept, agreement expired in March, notice for him to leave was given in february giving him 8 weeks to the end of the agreement. He was in hospital during this time and was not working. being sympathetic we let him stay for another month to let him save to move on, but he show no intention of leaving and is making veiled threats about us taking him to court to get him ou. hence the section 8 being filed.
            His reasons for not paying rent are neither here nor there. The fact that you have served a section 8notice suggests that you think he is your tenant rather than your lodger, and the fact that your sister is not the LL but you are (and you live away), also supports that.

            You must apply for a court order when the s8 expires and if necessary instruct bailiffs - in other words, wait for the due legal process to take its course.

            Under no circumstances should you attempt to change the locks or regain possession without the court order., otherwise you lay yourself open to a charge of illegal eviction (a prisonable offence).
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

            Comment


              #7
              Just to clarify all payments for rent, agreement etc was signed by my sister, tenant refers to her as landlord and as the property is also occupied by two members of my family, does this not make a difference?

              Comment


                #8
                Originally posted by Nic44 View Post
                Just to clarify all payments for rent, agreement etc was signed by my sister, tenant refers to her as landlord and as the property is also occupied by two members of my family, does this not make a difference?
                Who owns the property?
                'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                Comment


                  #9
                  Originally posted by mind the gap View Post
                  Who owns the property?
                  Read his post. To help you, I've underlined the salient bit.
                  Originally posted by Nic44 View Post
                  My sister has been the main point of contact for this, so although the tenant knows me as the owner, my sister is the one who deals with everything and who the tenant goes to.
                  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


                    #10
                    I own the property.

                    Comment


                      #11
                      There- QED.
                      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


                        #12
                        Originally posted by Nic44 View Post
                        I own the property.
                        Then it is my understanding that you are the landlord and he is your assured shorthold tenant, not your lodger. Proceed as advised.
                        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                        Comment


                          #13
                          Thanks everyone for your help

                          Comment


                            #14
                            Originally posted by Nic44 View Post
                            I am about to serve a section 8 notice on a tenant who rents a room from me. Currently my sister and another member of my family live there and I only stay once in a while as I travel all over the country for my work but this is my official address. All facilities are shared/communal. He was provided with a 6 months agreement which remained unsigned and paid 2 weeks deposit. Before the expiry of this we gave him notice to quite at the end of the agreement which was end of march. ...
                            Did the deposit have to be in any sort of deposit scheme?
                            Originally posted by Nic44 View Post
                            Just to clarify all payments for rent, agreement etc was signed by my sister, tenant refers to her as landlord and as the property is also occupied by two members of my family, does this not make a difference?
                            What is the arrangement with your sister/relative? Do they pay you rent - if so, is it for a room or for the whole house? Who pockets the rent from the tenant/lodger (when he pays it)?

                            You still haven't fully answered whether you occupy the property as your only or principal residence. Do you have your own bedroom at the property? How often is 'once in a while'? Where do you stay when you are travelling around the country?

                            The distinctions are important not only in terms of establishing the tenant/lodger's status but also in terms of deposit protection. If he's a lodger the deposit doesn't need to be protected; if he's an AST tenant then it does.

                            Comment


                              #15
                              Answers to your questions

                              sister and cousin lives at property and pays all bills

                              rent is/was paid to my sister

                              this is my principal residence and yes I have a room there

                              I stay in b&bs for work/come back usually once a month sometimes every fortnight for weekends

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