HB/LHA-funded tenant; and Prohibition Order

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    #16
    One of the advantages of this forum is that it really does help. And the more I read how leases are seemingly "Totally" ignored by tenants to such an extent that its hard to believe that the tenants actually read the lease.
    Its obviously difficult when you have problem tenants and what you are going to have to do is "Throw money at the problem"
    1. I would go to the tenants and tell them that you are going to re-apply for possession and that if they go you will give them £500 (in cash) and that will be between you and them. Now as the Local Authority will re-house them somewhere else, for your tenant to have £500 in his hand this will perhaps be an unusual event.
    2. You take your "Failed" application to a Specialist Solicitor and find out what was wrong with it.And get it done properly.
    You have a word with a Local Councillor who is on the Social Services Committee and explain why you refused to repair the damaged gutter, and you have since repaired it, you then arrange a meeting with the housing people and perhaps the Councillor who you now should have on your side may also be their and perhaps their stance may altered.
    3. When you have repaired the gutter have somebody with you and take a dated photo,
    then it will pulled down again, dated photo, you repair it, dated photo, etc, with any luck if they keep doing it the more evidence to submit with your revised application.

    In another blog the other day a prospective tenant was concerned that a Chinese lady seemed to be requiring "over the top" references such as contacting his employer, previous landlord, bank statements. But to me this isn't over the top. It should be normal.
    I also feel that the "Landlord Zone" should start a petition for greater support for landlords and the legal complexities for applying for possession should be simplified.

    Comment


      #17
      Originally posted by Always Problems View Post
      1. I would go to the tenants and tell them that you are going to re-apply for possession and that if they go you will give them £500 (in cash) and that will be between you and them. Now as the Local Authority will re-house them somewhere else,
      Local council unlikely to re-house if tenant leaves without a court order.

      Comment


        #18
        Originally posted by Snorkerz View Post
        Westminster: why 27th, not 28th? Surely, 28th Aug - 27th Feb. 29/30/31 Aug - 28 Feb?
        Found a thread asking a similar question about an AST commencing 30th August.

        http://www.landlordzone.co.uk/forums...d.php?p=179543

        According to Tom999 the six month fixed term would expire 28th February, as you say.

        So I'm wrong about those dates, and OP's s.21 should expire on the last day of the month.

        Comment


          #19
          thank you for the information, the AST did start on the 30/08/08 for 6 months and i dated it 30 february. silly mistake. surely 6 months is 28th february or is it 2nd march 2009?

          i have been to a specialist solicitor and even he is baffled about the dates

          the section 21 that got thrown out because of incorrect dates has put his ego beyond belief and believes that i have not put the deposit into a scheme. so he seems to think that the judge will award him 3 times the deposit which is £1800. i could go to the bank and give him that money tomorrow, though it would make little difference. it still wouldnt make him leave the property. i think a section 8 would be a better option but it leaves to many variables wide open for him to defend. dilapidations... he could even argue that he has paid the full rent.

          section 8 has a 14 day notice & section 21 has a 2 month notice. can anyone suggest what date the notice would expire? rent is monthly, normally at the end.

          Comment


            #20
            Originally posted by adamsmith View Post
            thank you for the information, the AST did start on the 30/08/08 for 6 months and i dated it 30 february. silly mistake. surely 6 months is 28th february or is it 2nd march 2009?

            i have been to a specialist solicitor and even he is baffled about the dates

            the section 21 that got thrown out because of incorrect dates has put his ego beyond belief and believes that i have not put the deposit into a scheme. so he seems to think that the judge will award him 3 times the deposit which is £1800. i could go to the bank and give him that money tomorrow, though it would make little difference. it still wouldnt make him leave the property. i think a section 8 would be a better option but it leaves to many variables wide open for him to defend. dilapidations... he could even argue that he has paid the full rent.


            section 8 has a 14 day notice & section 21 has a 2 month notice. can anyone suggest what date the notice would expire? rent is monthly, normally at the end.
            Well, is he correct in his belief about his deposit, or not? If so, pay him it back in full or put it in the DPS mmediately if you have not protected it but should have done. He could indeed sue you for 3x the deposit's value. Your original section 21 would have been invalidated by the non-protection, if no other.

            Then issue a new section 21 requiring possession after 30th September (you are too late for 31st August as you must allow 2 days for postage).

            If you use a section 8, use grounds 8, 10, and 11 and give fourteen days notice before applying for a court order if necessary.
            '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


              #21
              Originally posted by adamsmith View Post
              i have not put the deposit into a scheme. so he seems to think that the judge will award him 3 times the deposit which is £1800.
              Why would you think this won't happen?
              Originally posted by s214 Housing Act 2004
              (3) The court must, as it thinks fit, either—
              (a) order the person who appears to the court to be holding the deposit to repay it to the applicant, or
              (b) order that person to pay the deposit into the designated account held by the scheme administrator under an authorised custodial scheme, within the period of 14 days beginning with the date of the making of the order.
              (4) The court must also order the landlord to pay to the applicant a sum of money equal to three times the amount of the deposit within the period of 14 days beginning with the date of the making of the order

              Comment


                #22
                with regards to the deposit he is corrrect, that if its paid and not protected and T brings an action against LL, the judge can either make the LL secure the deposit under DPS or any other Scheme and or make the LL pay 3 x the deposit. the only issue in my case is that its protected however the T seems to think its not, apparently they never got the "prescribed information"??? it was all hand delivered with a witness. i know if i post it i will miss the deadline. i can hand deliver with two witnesses tomorrow who will more than happily provide a witness statement to that effect.

                Comment


                  #23
                  my section 21 (4) (a) is dated 29/06/10 and requiring possesion after 30/09/10

                  is this correct if i hand deliver tomorrow or will the judge throw it out?

                  Comment


                    #24
                    am not saying that it wont happen but the tenant hasnt brough an action for the deposit issue and its been 2 months. i believe he is just trying his luck. never the less the deposit is protected under the DPS scheme.

                    Comment


                      #25
                      Originally posted by adamsmith View Post
                      my section 21 (4) (a) is dated 29/06/10 and requiring possesion after 30/09/10

                      is this correct if i hand deliver tomorrow or will the judge throw it out?
                      If you can indeed deliver it by hand tomorrow with independent witnesses it should be valid - but if as you state above you want iit to expire on 30 Sept you have until 31st July to serve it anyway.

                      Or do you want to serve it tomorrow (if poss) to expire on 31st August?

                      Now wonder your last one got thrown out!

                      westminster has explained all this really clearly in #3, in any case.
                      '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


                        #26
                        Originally posted by adamsmith View Post
                        with regards to the deposit he is corrrect, that if its paid and not protected and T brings an action against LL, the judge can either make the LL secure the deposit under DPS or any other Scheme and or make the LL pay 3 x the deposit. the only issue in my case is that its protected however the T seems to think its not, apparently they never got the "prescribed information"??? it was all hand delivered with a witness. i know if i post it i will miss the deadline. i can hand deliver with two witnesses tomorrow who will more than happily provide a witness statement to that effect.
                        No problem - http://www.landlordzone.co.uk/member...mentN11LLZ.pdf

                        Comment


                          #27
                          Originally posted by adamsmith View Post
                          am not saying that it wont happen but the tenant hasnt brough an action for the deposit issue and its been 2 months. i believe he is just trying his luck. never the less the deposit is protected under the DPS scheme.
                          Well supply him with a duplicate copy of the prescribed information. It's not brain surgery, is it?
                          '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


                            #28
                            Originally posted by mind the gap View Post
                            If you can indeed deliver it by hand tomorrow with independent witnesses it should be valid - but if as you state above you want iit to expire on 30 Sept you have until 31st July to serve it anyway.

                            Or do you want to serve it tomorrow (if poss) to expire on 31st August?

                            Now wonder your last one got thrown out!

                            westminster has explained all this really clearly in #3, in any case.
                            Sorry, i am confusing the matter, i am going to hand deliver tomorrow with 2 independent witnesses. to expire 31st august. regards

                            Comment


                              #29
                              Originally posted by adamsmith View Post
                              with regards to the deposit he is corrrect, that if its paid and not protected and T brings an action against LL, the judge can either make the LL secure the deposit under DPS or any other Scheme and or** make the LL pay 3 x the deposit. the only issue in my case is that its protected however the T seems to think its not, apparently they never got the "prescribed information"??? it was all hand delivered with a witness. i know if i post it i will miss the deadline. i can hand deliver with two witnesses tomorrow who will more than happily provide a witness statement to that effect.
                              As to your 'and or', asterisked above, please re-read post #25. The Court MUST:
                              a. order repayment or protection of deposit; AND
                              b. order L to pay to T a civil penalty of 3x.
                              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


                                #30
                                prohibition order

                                hi,

                                i am trying to evict my tenants, keeping it brief the situation has spiralled out of control. the council are trying to rehouse the tenants but they are not playing ball and want a 4 bedroom house, which they keep insisting, the council emailed me telling me they are considering a prohibition order so the house cannot be let and tell me that it costs £250 and its my responsibility to rehouse them. i cant rehouse them as i dont have the money, surely its the council's responsibility as they are DSS tenants. can anyone help?

                                a really desperate landlord.... help

                                Comment

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