Evicting LHA Tenant

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    Evicting LHA Tenant

    I have had a tenant renting my home since January 2008. I previously lived at the address. The current LHA tenancy began in Feb 2009 and it has been month to month for the past 4 months.

    I served my tenant with notice under section 21 on 30/04/10 asking for possession on 30/06/10. At present she is up to date with her rent but I will be homeless soon if I can't get back in there asap. I am now concerned that I have not served her with the correct type of section 21 (outside of fixed period) and that I did not end the tenancy on the same day that the original agreement began. Can this cause a delay when I apply to the courts?

    Assuming that the section 21 is ok what is the next step? I am assuming that I will have to go down the court road as I was told by LB Hounslow that they advise their tenants to stay put for as long as possible. The property is a 2 bed and ther tenant has twin girls (3) and a teenager. She is very over crowded. Does anyone know if this will give her a higher priority (and stop me having to go to court).

    Also, can I claim any cost incurred from the tenant (at a later date). I know I am pushing my luck with that one!

    I would be grateful for any advice.

    x
    Last edited by kay1691; 08-06-2010, 21:34 PM. Reason: add extra info

    #2
    When did the tenancy begin,
    what was the term,
    what was the amount,
    and did you take a deposit?

    When did you serve the notice, and by what method?
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      Thanks for your reply.

      When did the tenancy begin - January 2008 but we signed a new tenancy in Feb 2009 (02/02/09) from DSS to LHA.

      what was the term - The latest agreement was for 12 months (till Feb 2010)then automatically month to month from there.

      what was the amount - Of rent? £1020 pcm

      and did you take a deposit? Not for the new tenancy. Retained £850 deposit supplied by the council in Jan 2008. Now protected by TDS

      When did you serve the notice, and by what method? Delivered by hand (with a witness present on 27/04/10) but the notice was dated 30/04/10.
      Last edited by kay1691; 09-06-2010, 22:17 PM. Reason: add date

      Comment


        #4
        The dates on your Section 21 are incorrect, even if they were correct, the councils advice would mean that your tenants would be there until August/September anyway

        If you serve it correctly(you've got 3 weeks), you may get possession by Christmas.

        Your new notice needs to be served by 1st July, and seeks possession after 1st September. Please get confirmation of this from someone with experience.

        If you indeed need to serve the notice again, send it by post from a post office and get a free certificate of posting, as well as serving by hand. Do this from two P.O's if possible.
        Allow tenants to protect their own deposits. I want free money when they do it wrong

        Comment


          #5
          Originally posted by thesaint View Post
          The dates on your Section 21 are incorrect, even if they were correct, the councils advice would mean that your tenants would be there until August/September anyway
          Thanks for the reply. I wish I had joined this forum sooner!

          Does it matter that the tenant has lived on the property since 8th Jan 2008? I was asked by the housing officer to break the agreement for 1 (or 2) weeks in order to start again under the LHA scheme. The tenant has remained in the property for the entire time.

          Does any one else have any other ideas (eg approaching the council directly)? I desperatly need my house back, the tenant is overcrowded and I have just heard that she was burgled the other day as she went away and left a window open. Don't think she really wants to be there.

          Comment


            #6
            Originally posted by kay1691 View Post
            Thanks for the reply. I wish I had joined this forum sooner!

            Does it matter that the tenant has lived on the property since 8th Jan 2008?
            You need to get confirmation of what I am saying, so don't take it for granted.

            It won't matter about previous tenancy agreements. The important one is the last one issued.

            Originally posted by kay1691 View Post
            Does any one else have any other ideas (eg approaching the council directly)? I desperatly need my house back,
            The council won't be interested, if you get rid of her, they may have to rehouse her. She's your tenant, your problem.

            Originally posted by kay1691 View Post
            Tthe tenant is overcrowded
            How many bedrooms does the property have? Was one stolen?

            I don't understand how she is suddenly overcrowded, when she has the same number of children as she did when you signed the tenancy agreement with her last year.

            Originally posted by kay1691 View Post
            and I have just heard that she was burgled the other day as she went away and left a window open. Don't think she really wants to be there.
            Who is forcing her to stay?
            She knows you want the property back, so if she wanted to go, she'd pack up and go.
            Allow tenants to protect their own deposits. I want free money when they do it wrong

            Comment


              #7
              Originally posted by kay1691 View Post
              I served my tenant with notice under section 21 on 30/04/10 asking for possession on 30/06/10.
              1. Is the tenancy an AST in England or Wales?
              2. You've mentioned a start date of "02/02/09" and a fixed term of "12 months"; based on this, is the fixed term's end date: 01/02/10?
              3. In the AST, does it state that rent is paid (a) monthly? (b) weekly? (c) something else?

              Originally posted by kay1691 View Post
              what was the term - The latest agreement was for 12 months (till Feb 2010)then automatically month to month from there.

              what was the amount - Of rent? £1020 pcm

              and did you take a deposit? Not for the new tenancy. Retained £850 deposit supplied by the council in Jan 2008. Now protected by TDS
              4. Please clarify; for the new tenancy, did you re-protect the retained deposit?

              Originally posted by kay1691 View Post
              Does it matter that the tenant has lived on the property since 8th Jan 2008?
              What would be more important to you regaining possession is if a ground 1 notice under schedule 2 of the Housing Act 1988 was served on the tenant prior to the tenancy commencing.

              Originally posted by kay1691 View Post
              I was asked by the housing officer to break the agreement for 1 (or 2) weeks in order to start again under the LHA scheme.
              It's likely that the Council's housing officer will attempt to stop possession.

              Originally posted by kay1691 View Post
              Don't think she really wants to be there.
              As the Council is highly likely to have a waiting list for Council tenants and will not re-house unless evicted by the landlord, another option would be to find a private landlord for the tenant; the Council may have a list of suitable landlords.
              The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

              Comment


                #8
                Evicting an LHA Tenant

                Hi,

                Just a quick question - sorry if this has been answered previously.

                I will be evicting my LHA tenant shortly as I need to move back into my property. She currently has no arrears.

                The tenancy dates are 2nd Feb 2009 - 1st Feb 2010. Would I be correct to serve her with a Section 21 (4) (a) dated 1st April 2010 expiring 2nd June 2011 (delivered on the 30th or 31st March)?

                I would like to organise an inspection before I give her notice. If she fails to allow access would I also include a Section 8?

                Where would I stand if she fails to pay her rent for the past 2 months?

                Thanks.

                Comment


                  #9
                  Your s21 would expire (with these exact words) "after 1st June 2011" and can be served at any point up to 31st March.

                  This page will give a brief run down of the s21 process http://tenancyanswers.ucoz.com/index..._contract/0-37

                  Tenant has no obligation to allow access unless you have a court order - http://www.landlordlawblog.co.uk/201...its-still-his/

                  For an explanation of when you can use section 8 - including rent arrears and so that the landlord can move in* - see here: http://tenancyanswers.ucoz.com/index..._contract/0-36

                  * read in conjunction with the first link

                  Comment


                    #10
                    Originally posted by kay1691 View Post
                    I will be evicting my LHA tenant shortly as I need to move back into my property. She currently has no arrears.
                    So why is T's status (as LHA claimant) relevant?
                    NB: I'm not 'getting' at you; do you consider that it might make a legal difference?
                    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
                      Eviction Notice - Postage

                      Hi,

                      Quick question. I posted my tenants eviction notice on the 31st March (she received 2 letters on the 1st April). The letter is dated the 30th March. Her tenancy expires after the 1st June.

                      I am now thinking that I have made a mistake. Have I sent it 1 day too late? Will I have a problem applying to the courts?

                      Do Local Authority's always wait until a court application has been made before finding alternative accommodation for tenants?

                      Thanks.

                      Comment


                        #12
                        Originally posted by kay1691 View Post
                        I posted my tenants eviction notice on the 31st March (she received 2 letters on the 1st April). The letter is dated the 30th March. Her tenancy expires after the 1st June.

                        I am now thinking that I have made a mistake. Have I sent it 1 day too late?
                        Presumably we're talking about a Section 21 notice here, right?

                        If so, the date written on the document is not relevant, and it's deemed to be served 2 days after it was posted 1st class. Not sure if Saturdays count, actually - if so, it wouldn't even have been served until 4 April - but either way, yes, you've missed the boat and your application is likely to be rejected if anyone has half a clue. You could take a gamble and hope for the best or serve it again in time for the following month and take the definite hit of a further month's delay.

                        Are you sure you've got the right expiry date, by the way, in relation to the tenancy dates? That's a classic reson for failure.
                        Do Local Authority's always wait until a court application has been made before finding alternative accommodation for tenants?
                        They aren't supposed to do so but many do. Happened to me. But I think I remember reading on here once that there's some leglislation that you can spout at them (Office of the Deputy Prime Minister??) which maybe someone else can remember?

                        Comment


                          #13
                          Thanks very much!

                          Can't believe I have done that after trying to be so careful. It's not the end of the world as she currently is no in arrears but I am desperate to get back into my flat.

                          Might just take the gamble and hope she hasn't shown the council the date stamp on the envelop!! Fingers crossed.

                          Comment


                            #14
                            Originally posted by kay1691 View Post
                            I posted my tenants eviction notice on the 31st March...Her tenancy expires after the 1st June.
                            1. What date did the fixed term commence?
                            2. How long was the term and does the contract specify an end date?
                            3. Assuming you served a s.21(1)(b) notice, what was the expiry date (exact wording please, e.g. "after 1st June 2011", etc).
                            4. Did you obtain evidence of service (you'll need this if you go on to apply for possession)?
                            5. Did the tenancy commence or was it renewed on or after 6th April 2007? If yes, did T pay a deposit? If yes again, was the deposit protected and the prescribed info provided to T at the time of service of the s.21 notice?

                            N.B. a s.21 notice isn't an 'eviction notice'; it's not a notice to quit, nor does it oblige T to vacate at notice expiry, it merely entitles you to apply to the court for possession after notice expiry.

                            Comment


                              #15
                              What 'eviction' Notice do you mean?
                              Was it in fact a statutory Notice under the Housing Act 1988? If so, under s.8 or s.21?
                              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

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