HB/LHA-funded tenant; and Prohibition Order

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    HB/LHA-funded tenant; and Prohibition Order

    i am a 1st time landlord and took on some tenants, but boy have i been hit the the worst of them all, i fell for their emotional story and now stuck, how do i evict them? i did try a section 21 but the tenants filed a defence, when it got to court, the judge threw it out and found in favour of the tenants saying my notice was wrong. they are professional bad DSS tenants. they harrass the neigbours, anti social beaviour, nuisance, the kids are so foul mouthed, and his girlfriend is pushing babies out like a factory, number 7 now....!!!

    the tenancy began on 31/08/08 and was for 6 months on AST which i assume finishes on 02/03/09, this is 6 months. they have put false allegations against me and know every trick in the book, i dont know anything so need help. the deposit is protected under DPS, LHA has now been stopped being paid directly, council are no help at all. what can i do? i know i wont ever see the rent arrears, i just want my house back, i saved up all my life and now my life is at a stand still and its affecting my family and relationship with my partner.

    the tenancy is now periodic.

    PLEASE HELP????

    #2
    Originally posted by adamsmith View Post
    how do i evict them? i did try a section 21 but the tenants filed a defence, when it got to court, the judge threw it out and found in favour of the tenants saying my notice was wrong....

    the tenancy began on 31/08/08 and was for 6 months on AST which i assume finishes on 02/03/09, this is 6 months.
    A six month term commencing 31st August 2008 would end on 27th February 2009.

    Your notice may have been invalid because the dates were wrong. There is no defence to a s.21 except technical errors relating to the validity of the notice.

    In a periodic tenancy, you must give T at least two months and the notice must also expire at the end of a rental period. It's essential to get the expiry date correct, or the notice will be invalid.

    If rent is due monthly under the terms of the expired fixed term contract (disregard the dates you are paid LHA), then the periods in your tenancy run last-day-of-the-month to second-last-day-of-the-month, e.g. 28th Feb - 30th March, 31st March - 29th April, 30th April - 30th May, 31st May - 29th June, 30th June - 30th July, 31st July - 30th August, 31st August - 29th September, etc.

    To serve valid notice on your T, you must serve a s.21(4)(a) notice before 30th June, requiring possession "after 30th August 2010.

    You must allow a couple of days between posting and delivery, so unless you post the notice today, you'll have to hand deliver it with a witness present. Either way, you must keep a copy of the notice and obtain proof of service (as you'll need this proof for possession proceedings). If posting, post two identical copies first class from two different post offices, and get two *free* certificates of posting (do not use a signed-for delivery service). If hand delivering, a witness is necessary to verify service (through the letter box - you don't need to physically hand it to the T).

    (If you miss the 29th June deadline, and serve notice before 31st July instead, then the notice would have to require possession "after 29th September 2010").

    Note that the name of the tenant(s) must be the person or persons named on the tenancy agreement, (not just everybody who happens to live there).

    Here's a template s.21(4)(a) notice
    http://www.letlink.co.uk/GeneralInfo...on/S21_4_A.pdf

    See also
    http://www.letlink.co.uk/letting-fac...d-tenancy.html

    The day after the notice expires, you can then apply to the court a for possession order.

    Comment


      #3
      Originally posted by adamsmith View Post
      i LHA has now been stopped being paid directly, council are no help at all. what can i do? i know i wont ever see the rent arrears,
      Who has stopped receiving direct payment?
      Allow tenants to protect their own deposits. I want free money when they do it wrong

      Comment


        #4
        From a stress point of view I would consider getting a professional to sort it. There companies who specialise in eviction!

        Farm it out!

        Comment


          #5
          I know I've seen the people on TV obviously that doesn't make them right but it's a good place to start from

          Comment


            #6
            Missed the link

            http://www.landlordaction.co.uk/OnTVAndInThePapers.php

            Comment


              #7
              A company like LandlordAction will charge up to £864 plus VAT (£1015) to evict your tenant http://www.landlordaction.co.uk/Evictions-Domestic.php

              Post #3 will cost you (see the steps in the above link)
              • Step 1 - £0
              • Step 2 - £150
              • Step 3 - £90
              Westminster has already given you the basics of the info you would need, and you can ask on here whenever you have more queries.

              Comment


                #8
                thanks for the tips and support. i am living in england so the laws will be different.

                the AST began on 30/08/08 for 6 months, i had the expiry as 30th february 2009, however there are only 28 days in february. so what date will be 6 months AST end. the tenants know every trick in the book, know all the rights. with regards to the false allegations, what i meant to say was that they damaged the house and then called the council telling them that i would not fix them. i'll give you an example, the rainwater drain pipe at the front of the property was dislodged by the terror kids 4 times, i fixed it and then it was completely dislodged so i refused to repair it as it was negligence on their part and malicious. i have also learned that the previous landlord is trying to calim damages from the tenants and rent arrears.

                rent is paid monthly and generally towards the end of the month but no later than the last weekend of each month. the LHA was paid directly to me from the begining of january 2010 however i got a letter end of april from the council informing me that the claim was suspended and i was no longer getting paid.

                1) AST 6 months - begining 30/08/08 for 6 months, now tenancy is periodic.

                2) rent arrears £3000, deposit paid was £600

                3) rent is paid monthly -

                need help in getting the dates right for the section 21

                thanks

                Comment


                  #9
                  Council can suspend the claim and not pay the tenants BUT if they are more than 8 weeks in arrears and HB is due, they MUST pay it to you - you need to get back to them.
                  Unshackled by the chains of idle vanity, A modest manatee, that's me

                  Comment


                    #10
                    the tenant stopped paying rent in october 2009, november and december, that is 3 months, i did contact the council and provided them with the rent arrears statement etc so the assesment team made the decision and starting paying me the LHA directly from january 2010, i got a letter end of april, stating it was suspended and that i need to provide a break down of the rent arrears. surely they have this information as i provided it to them in december before they started paying me directly..??? it just doesnt make sense, were is the common sense from the council. they are telling me that i need to serve a valid section 21 notice and then they will carry on paying me directly???

                    Comment


                      #11
                      another question i got was, what would happen if a landlord registered the deposit late, ie after the prescribed 14 days?

                      Comment


                        #12
                        I don't think I would be accepting the council's stance - I suggest you request a meeting and quote the rules to them - it may not work but it is worth a try! usually they suspend benefit because they think the claimant is no longer entitled to it - you need to ensure they do not start paying the tenant again!
                        Does anyone have the urge to use the {Mod - name removed} group of companies I wonder?
                        Unshackled by the chains of idle vanity, A modest manatee, that's me

                        Comment


                          #13
                          Originally posted by westminster View Post
                          A six month term commencing 31st August 2008 would end on 27th February 2009.
                          Westminster: why 27th, not 28th? Surely, 28th Aug - 27th Feb. 29/30/31 Aug - 28 Feb?

                          Adamsmith: Section 8 ground 8 would seem to apply - it would save any confusion over tenancy period dates, is cheaper, gets you an order for the missing £, and only requires 14 days notice instead of 2 months.

                          At present, late protection isn't a problem so long as the deposit is protected before the s21 is served. This will possibly change depending on the outcome of 2 current high-court cases.

                          Comment


                            #14
                            Originally posted by Snorkerz View Post
                            Westminster: why 27th, not 28th? Surely, 28th Aug - 27th Feb. 29/30/31 Aug - 28 Feb?
                            I was working on the basis of the periods being last-day-of-month to second-last-day-of-month.

                            Originally posted by westminster View Post
                            ...then the periods in your tenancy run last-day-of-the-month to second-last-day-of-the-month, e.g. 28th Feb - 30th March, 31st March - 29th April, 30th April - 30th May, 31st May - 29th June, 30th June - 30th July, 31st July - 30th August, 31st August - 29th September, etc.
                            Could well be wrong. Works with the other months (I think) but February messes everything up!

                            Not surprised OP is confused, especially if he's not sure about when the term began, and the end date is specified as 30th Feb.

                            Time for a saving clause, methinks.

                            After: [insert expiry date] or,
                            if this notice would otherwise be ineffective, after the date being the earliest date not earlier than two months after the date of service of this notice when shall expire a period of the assured shorthold tenancy.
                            Quoted from http://nearlylegal.co.uk/blog/2010/0...ate-of-notice/

                            Comment


                              #15
                              Originally posted by adamsmith View Post
                              the tenant stopped paying rent in october 2009, november and december, that is 3 months, i did contact the council and provided them with the rent arrears statement etc so the assesment team made the decision and starting paying me the LHA directly from january 2010, i got a letter end of april, stating it was suspended and that i need to provide a break down of the rent arrears. surely they have this information as i provided it to them in december before they started paying me directly..??? it just doesnt make sense, were is the common sense from the council.
                              Why don't you provide a rent statement?

                              Simply list the rental periods whether it be monthly or 4 weekly.
                              Then provide the amounts and dates that money was paid.

                              If the claim has been suspended, then you will receive payments if the tenants are entitled to it.

                              Originally posted by adamsmith View Post
                              they are telling me that i need to serve a valid section 21 notice and then they will carry on paying me directly???
                              That's a crock. Do you have a letter stating this?
                              Allow tenants to protect their own deposits. I want free money when they do it wrong

                              Comment

                              Latest Activity

                              Collapse

                              • Reply to Single parent renting
                                by jpkeates
                                Why?

                                This is someone we don't know.

                                Their ability to pay their rent is partially in the control of a government department notorious for sanctioning tenants by suspending payment of benefits.

                                Given their situation, if there is any shortage of funds they would (quite...
                                20-05-2022, 08:04 AM
                              • Single parent renting
                                by Dct
                                A friend of mine who is a single parent with three children is trying to find a house to rent. She has three children and recieves UC mainly to help with childcare costs, but despite viewing several houses and showing interest and showing she is more than able to pay rent, she has been turned down and...
                                18-05-2022, 16:32 PM
                              • Reply to Section 21 During Contract Period
                                by jpkeates
                                The fixed term should end on 8th June.

                                Technically after that your notice depends on the wording of the contract.
                                If the tenancy continues after an initial term, it's whatever the agreement says.
                                If it's an initial fixed term that ends, your notice is a minimum of a month ending...
                                20-05-2022, 07:55 AM
                              • Section 21 During Contract Period
                                by matt001
                                Hello,

                                On 09.12.2021 I moved in to a flat and signed 6 months contract.
                                Then on 08.04.2022 I have been served section 21 notice by the letter trough the mailbox...

                                I have started reading about this and found in the web that agency cannot issue section 21 notice until...
                                18-05-2022, 13:31 PM
                              • Reply to Is my estate agent misleading me?
                                by jpkeates
                                But that is the position.
                                It is a convenient (and common practice), but it's the tenant's money until they agree to its use.

                                It's possible for the tenant to agree what it's to be used for in a tenancy agreement, but, even so, they'd have to agree separately to things that are not...
                                20-05-2022, 07:51 AM
                              • Is my estate agent misleading me?
                                by abimsalabim
                                I am a Landlord and I have a company tenancy which has now come to an end. I did a check-in inventory before the tenant moved in and I have done a check-out inventory now that they have moved out, and there are damages to my property by the tenant. The deposit is being held by the agent and is not in...
                                18-05-2022, 14:15 PM
                              • Reply to Buying a tenanted residential property
                                by Dreamingofsea
                                Lesley Park - I really hope you are right and the OP s solicitor won t allow him to exchange and complete (because of his mortgage conditions) and thus “save himself from himself” because I could not concur more with everyone here 100% he should not buy this property. There are negligent and crooked...
                                19-05-2022, 22:42 PM
                              • Buying a tenanted residential property
                                by itsthomas
                                We are buying a residential property to live in
                                Now that everything is ready for exchange we are told that the tenant has decided not to move out.
                                The tenancy agreement is already expired two months ago and she has stopped paying rent since.

                                Now we would like to know what happens...
                                12-05-2022, 19:37 PM
                              • Reply to Is my estate agent misleading me?
                                by Lawcruncher
                                If the tenancy agreement says that the deposit should be held by the landlord then it is the landlord who should be holding it irrespective (surely?) of what the management agreement says. Whoever in fact holds it holds on the terms set out in the tenancy agreement.

                                If the agent insists...
                                19-05-2022, 21:34 PM
                              • Reply to Section 21 During Contract Period
                                by mokka
                                Why would the tenant get a CCJ unless they owe rent which the OP does not? Won’t be court fees either as the OP wouldn’t bother fighting it.
                                19-05-2022, 21:24 PM
                              Working...
                              X