'Good luck with court proccedings'

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    'Good luck with court proccedings'

    Soooooo hating my so called tenants. Their section 8 notice ran out today after not paying their full rent/rent ever since moving in, i required if they have moved out today to recieve a message saying 'good luck with court proccedings :-) '
    But at the earliest we could get them out through the court would be one week earlier than their contract runs out anyway. As its not cheap and their probably not going to get out any sooner is it worth it? what should we do? are they likely to leave at the end of their contract?

    #2
    Originally posted by Siany88 View Post
    Soooooo hating my so called tenants. Their section 8 notice ran out today after not paying their full rent/rent ever since moving in, i required if they have moved out today to recieve a message saying 'good luck with court proccedings :-) '
    But at the earliest we could get them out through the court would be one week earlier than their contract runs out anyway. As its not cheap and their probably not going to get out any sooner is it worth it? what should we do? are they likely to leave at the end of their contract?
    You must go ahead with it, just because a contract runs out does not mean they will move out. You are going to have to take it right up to the bailiff.
    I offer no guarantee that anything I say is correct. wysiwyg

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      #3
      Originally posted by Siany88 View Post
      Soooooo hating my so called tenants. Their section 8 notice ran out today after not paying their full rent/rent ever since moving in, i required if they have moved out today to recieve a message saying 'good luck with court proccedings :-) '
      But at the earliest we could get them out through the court would be one week earlier than their contract runs out anyway. As its not cheap and their probably not going to get out any sooner is it worth it? what should we do? are they likely to leave at the end of their contract?
      They are extremely unlikely to leave at the end of the contract. If you haven't already served a s21 for the end of the contract, you should now, otherwise without a successful s8 they could still be there 5 months after the end of the contract.

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        #4
        Did you serve them with a s21 as well, if no mite be worth doing as a back up.
        Assuming it's an AST and you protected the deposit.

        No I guess they willn't go untill the last possible moment, only advise I would give is don't let them bully you into doing anything stupid.

        Did you get them referanced before moving in, and if not, mite be worth seeing if they got a string of CCJ behind them. As if they have I doubt they haven't got much to lose.
        Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

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          #5
          Originally posted by Siany88 View Post
          Soooooo hating my so called tenants. Their section 8 notice ran out today after not paying their full rent/rent ever since moving in, i required if they have moved out today to recieve a message saying 'good luck with court proccedings :-) '
          But at the earliest we could get them out through the court would be one week earlier than their contract runs out anyway. As its not cheap and their probably not going to get out any sooner is it worth it? what should we do? are they likely to leave at the end of their contract?
          Think they are more experienced with the court processes than you (and all that that implies..). They are probably also aware, as you are, that the S8 only works if the rent is more than 2 months overdue when served and when it gets to court... and a payment shortly before court date means LL loses...
          http://www.statutelaw.gov.uk/content...7&filesize=524
          - Ground 8

          .. alternatively they know getting court hearing, finding the court papers are all correct with no mistake (if not start again), get order for possession then get bailiffs ... can take quite some time...

          Cheers!

          Artful
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            Yes we served them with both a section 8 and 21. It is my concern they will stay aslong as possable and i simply cant afford them to play games.
            If they make a small payment before the court hearing will that ruin it all for court? or does it have to be the full £900 odd they owe? We are waiting for the council to start taking over paying the rent to us, will that effect the court case? And the council want be paying the full rent, the tenants are suppose to cover the rest, so if they dont, can that be added on to the amount for court?
            Thank you

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              #7
              If the tenant brings the amount owed to less than 2 months rent (if rent due monthly) then ground 8 will no longer apply. However, you still have a chance with grounds 10 & 11.

              You will need to provide the court with an up-to-date list of rent unpaid before the court hearing.

              If that fails, your s21 should be ready to proceed with by then.

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                #8
                Just a list of un paid rent and dates etc? I dont have to prove these payments/dates. As i have none other than empty bank statments from no standing order.

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                  #9
                  Originally posted by Siany88 View Post
                  Just a list of un paid rent and dates etc? I dont have to prove these payments/dates. As i have none other than empty bank statments from no standing order.
                  It is the tenant who would have to prove he did pay the rent, not for you to prove he didn't.

                  You make the list of rent due on [date], amount received/not received on [date], so that it's clear to the court which payments are missing.

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