How do I evict problem tenants.

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  • How do I evict problem tenants.

    I have been renting my flat and have had problems with the tenants, a number of complaints to the management company from neighbours about domestic trouble etc. I now just want to sell the flat. With advice from the management company I issued a sec21 notice to leave giving a months notice. The tenant said he would not unless I got a court order, so he could get a council flat. I discussed this with my management company since being on good terms with them. They said that I do not need to get one?!! I have now discovered that I will need to get an accellerated possession order N5b which will cost £175. Is there a way in which I can get them out very quickly and so they do not get a council flat, since I beleive there are more deserving people out there who need them, who do not try and abuse the system!! He has now stopped paying his rent and I am having to cover the mortgage etc!!!! aswell as my own family costs.
    Any help please.

  • #2
    Look at other posts on this subject and you will see all there is (start at the bottom of this page). Look at FAQs which will answer your questions.
    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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    • #3
      LL s21 requires 2 month notice and is not a notice to quit. There are various poss routes for a court repo order after any notice period expires, with poss bailiff involvement required you could be looking at several months.
      When rent due is 2 months, one option is s8 grounds rent arrears.
      s21 is no fault notice so sue for unpaid rent in SCC now and poss get a CCJ against T. Both could affect his future chances, at least in the private housing sector.

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      • #4
        Many thanks, I take it I will still need to get an accellerated possession order. I am wondering on a rough figure how much this will all be? Never been to SCC! not that I want to get into it!!lol

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        • #5
          You say you have already issued a section 21 notice, but as that only gave 1 months notice, it will be invalid.

          So we can help you get this right, and effected as quickly a possible, please tell us:

          When did the last tenancy agreement begin?
          How long was it for / was there an end date?
          Is rent paid monthly?
          How much is the monthly rent?
          How much is currently unpaid?
          Is the tenant on Housing Benefit?
          Did the tenant pay a Deposit / is it protected

          It is likely to be Feb or March before you regain possession of the property.

          There are only 2 essential costs - one you have already discovered is the £175 court fee. However, if the tenant does not leave by the date the judge tells them then you will have to pay £110 to organise bailiffs. There is a pretty good chance that the council will take the tenants 'homelessness' seriously once you commence court proceedings, so you may not need to do this.

          There is unlikely to be a court hearing.

          http://tenancyanswers.ucoz.com/index..._contract/0-37

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          • #6
            Originally posted by sandyze View Post
            With advice from the management company I issued a sec21 notice to leave giving a months notice.
            Oh dear...
            Allow tenants to protect their own deposits. I want free money when they do it wrong

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