DSS eviction

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

    DSS eviction

    Tenant owes me about £350 in rent. Got council to pay benefit direct due to 2 month arrears.
    Served a section 21 notice as tenancy agreement expired giving her 2 months.
    She has now canceled her benefit due to eviction and so I won't get any current money until she leaves.
    Section 21 expires end of October and presume will have to then apply for court.
    Do I now serve 2 week section 8 notice. Can I claim costs if she's on benefit or wasting my time. Just annoyed she deliberately stopped direct HB to me.
    Thanks

    #2
    If there are 2 months owing at the time of service and the hearing then you can serve a S8 G's 8,10 and 11.

    If there are not 2months owing you cannot use ground 8.

    Are you sure her benefit has stopped? It's not unknown for some tenants to spin a yarn to the council. If she is 2 months owing then the council must pay you direct.
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


      #3
      She's got so few powers, levers or influence & you are throwing her out of her home, her property : What would expect most p+++ed off people to do in such circumstances???
      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


        #4
        I got last month direct from council and today got council letter saying it's been stopped. Rang tenant and she admitted to stopping it because I'm evicting her.
        She now owes me more than 2 months rent. I won't get anything now until I get her out..
        Do I have to wait for the 2 weeks before applying for court date.
        What's best action please

        Comment


          #5
          Theartfullodger.....
          As she is on housing benefit and chose to keep it and not pay rent then she deserves eviction.
          These people think everything is for free and good old landlord can just afford to not get rent..

          Comment


            #6
            Originally posted by theartfullodger View Post
            She's got so few powers, levers or influence & you are throwing her out of her home, her property : What would expect most p+++ed off people to do in such circumstances???
            Uncalled for mate!

            OP. Yes you will have to wait the fourteen days before applying for a court date.
            I offer no guarantee that anything I say is correct. wysiwyg

            Comment


              #7
              Unreserved apologies for anyone offended : I was simply trying to illuminate the reaction of most humans ....

              Grovel, grovel, grovel, tug forelock your honour sir!
              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


                #8
                Section 8 ground 8 (which requires a court date) will probably take the same length of time (including notice period) as section 21 (accelerated). So by all means serve s8, but it is unlikely to speed things up.

                You seem to think that you will not get any income from your tenant until she leaves? Is this so, or are you referring to income from a new (rent paying) tenant? An ex-tenant on benefits (without a guarantor) is unlikely to cough-up once they have departed, no matter how unfair that is.

                You can claim costs, you are unlikely to get them (even if the court agrees to your claim).

                #Artful: 'most humans', yourself included I suspect, would not have got themselves into this situation because they would have used their housing benefit to pay their rent. There are few humans who would not consider a roof over their head to be a priority.

                Comment


                  #9
                  I would think that this situation requires an appropiate letter sent to your tenant. It seems that many a LL and indeed tnt have lost the art of communication. However, it is not clear from your post whether or not you would have served a s21 notice if the tenant had not be in arrears. s21 is a no fault notice so I can see how easy it is for a tnt to think that they can withold rent under the circumstances. However, I would have thought that if you reminded the tnt that they require a LL reference for their future let that may alter the actions .On the other hand, LL's need to be reminded that tnt's incur considerable costs moving when a LL decides to serve a s21 after 6 months.

                  Comment


                    #10
                    "On the other hand, LL's need to be reminded that tnt's incur considerable costs moving when a LL decides to serve a s21 after 6 months"

                    Why, s21 is a No Fault Notice but NOT a NTQ! If T decides to voluntarily vacate, that is Ts decision & cost.
                    What LL could have done, I accept the lost art of written communication between LL & T, explain to T that s21 was not a NTQ but just the first step if required. T has made this virtually inevitable by cancelling HB claim and failing to pay subs rent.
                    This case appears to be a good reason why precautionary s21s be issued to all Ts early in T. Otherwise Ts tend to panic/overreact when one is received, or perhaps a s21 issued 'in anger' should contain a reason. This would not overide the req for a s8 if rent arrears persist.
                    Discuss (again)

                    Comment

                    Latest Activity

                    Collapse

                    • Periodic S21
                      royesjaffia
                      Good Day All,
                      I am a new landlord and as such decided to not undertake the task of all the nuances of letting so I hired a letting agency.

                      Things went smoothly until I wanted the tenant to leave. The date the tenant was to leave was the 13th of January. To date, he still has not left...
                      15-01-2018, 15:14 PM
                    • Reply to Periodic S21
                      DPT57
                      Serve notice yourself and then assuming you instructed the Agent to serve notice on the tenant and they failed to do so, cancel the contract with them and report their incompetence to whichever redress scheme they are part of....
                      16-01-2018, 18:57 PM
                    • Take agent or inventory company to court?
                      Spencerjdb
                      Summary:
                      Who is responsible for keys if they break 3hrs into tenancy by bending (poor metal) and later proven the 2nd copy of key I had was stiff (and lock has a "knack" and a "fraction") and was later given agency copy of keys which were better than my "stiff keys".
                      ...
                      16-01-2018, 17:05 PM
                    • Reply to Take agent or inventory company to court?
                      Wannadonnadoodah
                      So with the 2 hour clean you'll be taking court action over a dirty side of a bed and a key? Last time I had a key cut it was less than a fiver and it sounds like a 3 minute cleaning job to do down the side of the bed. It really does feel like a massive over reaction. Taking this into consideration...
                      16-01-2018, 18:40 PM
                    • Notice period when subletting
                      peacelily
                      A bit of background to explain the situation- I am currently subletting a room from a tenant of a flat who is renting from a landlord.

                      I have now given my notice to move out.

                      Our original agreement (only by email, nothing signed or in writing) stated that the tenant would...
                      16-01-2018, 18:10 PM
                    • Reply to Take agent or inventory company to court?
                      Spencerjdb
                      I want to take court action if I have to pay for a cleaner, because those responsible for the property will not.
                      I want to take court action as the agency I'm sure will take it from my deposit if I do not pay for a 2nd key to be cut.

                      I'm not a slave, nor a cleaner, nor do I have any...
                      16-01-2018, 17:49 PM
                    • Reply to Take agent or inventory company to court?
                      Spencerjdb
                      Inventory was done Friday and given to me today and I have raised the points (sorry, this is further down in my lengthy post). The agent said that they've gotten inventory company to pay for a 2hr clean tomorrow but that they won't be cleaning down side of bed unless I travel up there and move the bed......
                      16-01-2018, 17:47 PM
                    • Reply to Take agent or inventory company to court?
                      leaseholder64
                      You are responsible for the cleaning, as you should have checked the inventory when it was made. It will now be very difficult to prove that it was wrong.

                      I find it very difficult to believe there is a market in such obviously sub-standard key blanks, but I would guess the person who commissioned...
                      16-01-2018, 17:42 PM
                    • Reply to Take agent or inventory company to court?
                      Wannadonnadoodah
                      You want take court action over a bent key, dirty microwave and dust in airing cupboard? Im astonished to be frank....
                      16-01-2018, 17:37 PM
                    • Reply to Take agent or inventory company to court?
                      amazondean
                      I know this is not what you want to hear, but this is my experience :

                      My tenants rarely leave my properties in the condition I would like. I usually just get on clean and fix whatever, and unless it really is something of great cost or loss, just stomach it and move on. The reason is...
                      16-01-2018, 17:34 PM
                    Working...
                    X