Off to Court

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  • Off to Court

    I am offf to court tomorrow to hopefully evict our tenants.

    Can you help with the following:

    They paid rent for six months with no real problems
    I gave them a written warning, regarding noise, during this six months, but after that they were fine
    They havent paid since January 2005.
    She is now seven months pregnant!
    They signed a new agreement January 2005, five days before we realised that they weren't going to pay the rent.
    We are attending a disposal hearing tomorrow (whats this)??
    How can we get rent arrears from them, now at 3.5k

    I think they are not paying so they can get evicted/ rehoused on the council,
    will this make it harder to get them out

    PS I realise its a bit late in the day but i have only just found this site!

  • #2
    Are they on an AST?
    You say you are off to court to evict them, what do you mean by this? Have you served a Section 8 notice? If so and there has been no response, there won't be a problem.
    3.5k in arrears, not sure whether this is above the limit for small claims court but with a section 8 I believe you can ask the court to award costs and damages (could be wrong on this). If they are more than two months in arrears then pregnancy won't help them and local authorities will treat them as intentionally homeless, no council house, just a B&B.


    • #3
      Not enough information.........!

      Familiar territory! You haven't told us on what grounds you are trying to evict the tenant. Start with telling us if you have served a S.8 Notice and are using Ground 8 (or 10 & 11) to evict, or any other discretionary ground?

      Don't spare the detail otherwise we can't advise properly; it's probably too late anyway but let us know how you get on.

      Now you've found the site stick with it, it's easily the best!
      The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.


      • #4
        They have signed an AST, I know that much. The claim form i filled in is titled Claim form for possesion of property (accelerated procedure), this was sent in on the mid jan after we served two weeks notice on them. The court date came through after much chasing, and the reason from the court was that we didnt serve sufficient notice??
        The grounds is for non payment of rent, when i said they paid for six months, i should of mentioned that it normally turned up a couple of days late. We finally got fed up with chasing them and decided that we needed to get them out. We didnt make life hard for them or anything, it was just the straw that broke the camels back!


        • #5
          There is still too little information and from what you've posted your action might just fail again!

          And by the way, it's "should have" NOT "should of" - it bugs me this incorrect and lazy misuse of English just because people can't pronounce it properly, and inevitably means the wrong word is used; the two words together are meaningless otherwise!
          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.


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