Rent Arrears Recovery.

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    #16
    Great thank you both.

    I will server the section 8 tomorrow. However I feel he has already done a runner so how can i gain access to my property legally?

    Any suggestions on debt recovery?

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      #17
      Originally posted by microkid2000 View Post
      I will server the section 8 tomorrow. However I feel he has already done a runner so how can i gain access to my property legally?
      I presume you don't mean gain access in order to serve the notice (because of course it can be posted through the letterbox - if you serve it this way, take a witness). You should also serve a s.21 notice as back up if you haven't already (when does/did the fixed term expire?)

      To get possession/access, wait till the s.8 expires in 14 days, then the day after that, apply to the court for a possession order. It's the only safe way to proceed with an unreliable tenant, who might reappear at any moment and allege illegal eviction. Unless - if he has actually moved out - you can track him down and get him to sign a Deed of Surrender (which must be drafted by a solicitor).

      BTW I note that you said the T is "due to move out on the 26th" - what do you mean by this?

      Any suggestions on debt recovery?
      You get a CCJ for the debt when you get possession via s.8 procedure but you must attend the hearing. Enforcing it is a different matter - is the tenant employed?

      See http://www.hmcourts-service.gov.uk/i...ment/index.htm

      Comment


        #18
        i served a section 21 with expiry of 26th July however we then agreed he could leave a month earlier. I have this in writing from him.

        Also his AST expired yesterday. After looking around the property yesterday it does appear empty so i think he has done a runner. I need to get in to do essential maintenance work.

        If it is empty I want to get in ASAP and minimise my losses

        Comment


          #19
          What- exactly- do you have in writing from him, please?
          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).

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            #20
            i have a letter dated and addressed from him to me stating he will be moving out on 26th June as agreed.

            also looking through windows the property is completely empty and neighbours tell me there was a debt collector there looking for T yesterday....

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