Advice Needed Regarding Problematic Tenant!

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    Advice Needed Regarding Problematic Tenant!

    Hi everyone,

    I've researched the forum and got some good info but I'm still a bit confused as what to do exactly with my tenant.

    To summarise:
    • Contract is 12 month AST which started on 31st of December 2010.
    • He's paid 2 months in advanced as a deposit.
    • He's now 2 months behind.
    • Tenant and his partner (who isn't a signatory to the AST) are now falling out.
    • Tenant's partner says T has gambled the rent money and apparently hasn't been paying council tax.

    What is the quickest and most efficient way of gaining possession of property? As of right now the tenancy deposit can cover the rent arrears.

    I've read the notes on issuing section 8 notice, and it says that average time to be seen in court is 2 months, isn't there anything quicker?

    If I were to issue a section 8 notice say for example today, would the notice expire on the 5th of July?

    I've also read something regarding 'Possession claim online'. Can this be used in my situation? Or is it only for rent arrears and not eviction?

    I've also come across something called a deed of surrender. Is there any good example online?

    Thanks in advance.

    #2
    I would initially serve a Section 21 Notice to expire after the end of the fixed term. This way if all else fails you can apply for possession after this date through the courts.

    You can serve a Section 8 notice now citing grounds 8, 10 and 11. You should give them 2 weeks notice on this form that you will then be applying for a possession order.

    This could take a month to be heard in court and then the possession order could give them another 2 weeks minimum to leave. If they don't leave on the date decided by the court you will need to apply to the court for a warrant for a bailiff to enter the house and this could take another few weeks. You should also arrange for a locksmith to be present at the same time.

    A deed of surrender would only be used if your tenants wanted to leave early and you were happy for them to leave. You should ensure that this is done correctly.

    Comment


      #3
      My tenants contract finished 3rd march never paid the rent only benefit small part of the rent , never paid a bond either just lies .
      she was served with the section 8 and 21 by the agent at the correct time . she is still there and it is costing me a fortune .I m not sure i can afford the sol bills any more . THE LAW HERE DOES NOT WORK UNLESS YOU HAVE THOUSANDS OF POUNDS TO THROW AT IT THEN THERE IS NO GARENTEE YOU WILL WIN .

      Comment


        #4
        Originally posted by red123 View Post
        My tenants contract finished 3rd march never paid the rent only benefit small part of the rent , never paid a bond either just lies .
        she was served with the section 8 and 21 by the agent at the correct time . she is still there and it is costing me a fortune .I m not sure i can afford the sol bills any more . THE LAW HERE DOES NOT WORK UNLESS YOU HAVE THOUSANDS OF POUNDS TO THROW AT IT THEN THERE IS NO GARENTEE YOU WILL WIN .
        Tenant is still there because they are entitled to be there until you get a court order.

        If you DIY a section 8, the total cost, including bailiffs should be £210.

        If you want a solicitor/company to do it, there are firms on here who will do it for around £1000 including VAT.

        So, instead of just moaning, tell us some details (preferably in a new thread) and we will see what we can do to help you get this resolved as painlessly / cheaply and quickly as possible.

        Comment


          #5
          REDSPARX:

          I agree antirely with Poppy35s post, but feel her timings are a little optimistic. Having said that, a lot depends on how busy your local court is.

          FWIW, this may be of interest... http://tenancyanswers.ucoz.com/index..._contract/0-36

          Comment

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