Evicting LHA Tenant

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  • kay1691
    replied
    Possession Granted but.........

    Thank you all for your advice up to now. I have finally got the possession order from the courts.

    Applied wtih N5b on the 3rd June. Served on the 6th June. Waited 14 days. Tenant did not defend the action so I contacted the court on the 20th June and metally prepared myself for the long wait ahead.

    I called the court on Monday 27th just to ask how to change my address and was told over the phone that the possession order had been granted on the 22nd June giving my tenant 14 days notice (7th July).

    The problem now is neither I nor my tenant got the notice until today (28th June) giving her 8 days notice. Can she appeal stating she did not have 14 days notice? Is this likely to delay me applying to the baillifs?

    Leave a comment:


  • kay1691
    replied
    Thanks again for your response.

    As the tenancy was periodic when you served notice, it should have been a s.21(4)(a) notice, and, to expire after 1st June 2011
    I did use s.21(4)(a) on the notice. Typo in earlier post.

    It's basically a very bad idea to serve notice so close to the deadline - do it at least a week before the service deadline next time (as there may well be a next time).
    I know. I wish I had posted the notice a week earlier! I was trying to ensure that the payment on the 1st April would go in as normal in case I had to write off any future arrears. Silly me!

    There is the additional problem that if you failed to provide T with the prescribed information, any s.21 notice served before this is done is invalid. However, I notice that you say in post #3 that the deposit is protected by the TDS. Do you actually mean TDS as in The Dispute Service http://www.thedisputeservice.co.uk/homepage.html ? I ask because that particular scheme requires the prescribed information to be inserted into the tenancy agreement.
    I said TDS in an earlier post but should have said The Deposit Protection Service. The funds came directly from the Council and I was advised that their details should be registered, not the tenants. Was this incorrect too?

    Is it likely that my tenant will get a chance to defend the application for possession or could the court throw it out before this point?

    Leave a comment:


  • westminster
    replied
    Originally posted by kay1691 View Post
    Quick question. I posted my tenants eviction notice on the 31st March ...Her tenancy expires after the 1st June.
    No, the notice expires after 1st June 2011, not the tenancy. I repeat, a s.21 notice is not a notice to quit and does not end the tenancy nor oblige the T to vacate.

    As the tenancy was periodic when you served notice, it should have been a s.21(4)(a) notice, and, to expire after 1st June 2011, it would have had to be served on or any time before 1st April. Putting a 'date of issue' on the notice (e.g. you say you put 30th March) is meaningless; it's the date of deemed service which matters, and this is evidenced by proof of posting or a witness to service by hand.

    If the T defends an application for possession on the basis that she wasn't given two clear months' notice, you only have evidence that the notice was posted on 31st March and it would therefore be deemed served on 2nd April (if Saturday delivery is accepted by the courts). It's still possible the court might accept service on 2nd April, but I wouldn't rely on it. It's basically a very bad idea to serve notice so close to the deadline - do it at least a week before the service deadline next time (as there may well be a next time).

    There is the additional problem that if you failed to provide T with the prescribed information, any s.21 notice served before this is done is invalid. However, I notice that you say in post #3 that the deposit is protected by the TDS. Do you actually mean TDS as in The Dispute Service http://www.thedisputeservice.co.uk/homepage.html ? I ask because that particular scheme requires the prescribed information to be inserted into the tenancy agreement.

    Leave a comment:


  • kay1691
    replied
    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.
    1. 02/02/2009
    2. One Year - End date 01/02/10
    3. Expiring after 1st June 2011
    4. Posted from two different post offices - postage certificate obtained
    5. The tenancy commenced after April 2007 and the deposit is protected but I did not send the info to the tenant (Deposit was funded by the LA)

    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?
    The notice sent was a notice to quit under Section 21 (a) as we are now outside of the fixed period.

    This is all so complicated!

    Leave a comment:


  • Moderator1
    replied
    Four threads by the same member have been merged here. Please do not start a new thread if you merely wish to continue a previous discussion or report on subsequent developments. It can cause unnecessary confusion (quite apart from losing the connection with facts previously established or legal points previously explained).

    Leave a comment:


  • jeffrey
    replied
    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?

    Leave a comment:


  • westminster
    replied
    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.

    Leave a comment:


  • kay1691
    replied
    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.

    Leave a comment:


  • Ericthelobster
    replied
    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?

    Leave a comment:


  • kay1691
    replied
    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.

    Leave a comment:


  • jeffrey
    replied
    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?

    Leave a comment:


  • Snorkerz
    replied
    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

    Leave a comment:


  • kay1691
    replied
    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.

    Leave a comment:


  • tom999
    replied
    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.

    Leave a comment:


  • thesaint
    replied
    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.

    Leave a comment:

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