Should we pursue monies owed by evicted tenants?

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  • Should we pursue monies owed by evicted tenants?

    Hi, I'm new to the site, so sorry if this is a boring question! We are so stressed by this; we are now suffering financially.

    - They have a 12-month lease, two months' notice will be served on December 1.

    - They are now three months behind in rent.

    - We have issued a section 8 and that's now expired.

    - We have a landlord agency working with us, and he has suggested that a section 21 might frighten them, but that the tenants will not have to leave until the end of the term.

    - Do we now begin court proceedings? And has anyone got experience of actually winning such a case and evicting the tenant?

    Also, we believed they falsified the letters stating that they had 'lived with his mother' previously. Neither letter has a contact address (yes, this is our first time).

    Any help/suggestions welcome.

    kellyp

  • #2
    If you commence section 8 proceedings now, you may get a court hearing/decision in mid November. So long as your section 8 notice included ground 8, the tenants owed at least 2 months rent at the time of service AND they still owe it at the time of hearing, then possession is mandatory.

    There is no need to wait until December to issue the s21 - do it now to ensure everything is in place - just incase the s8 fails. http://tenancyanswers.ucoz.com/index..._contract/0-37

    Winning the court case is only part of the process, the judge will give the tenant 2-6 weeks to leave, and if they don't, you can expect iro another 6 weeks to organise bailiffs. http://tenancyanswers.ucoz.com/index..._contract/0-36

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    • #3
      Originally posted by Snorkerz View Post
      If you commence section 8 proceedings now, you may get a court hearing/decision in mid November. So long as your section 8 notice included ground 8, the tenants owed at least 2 months rent at the time of service AND they still owe it at the time of hearing, then possession is mandatory.

      There is no need to wait until December to issue the s21 - do it now to ensure everything is in place - just incase the s8 fails. http://tenancyanswers.ucoz.com/index..._contract/0-37

      Winning the court case is only part of the process, the judge will give the tenant 2-6 weeks to leave, and if they don't, you can expect iro another 6 weeks to organise bailiffs. http://tenancyanswers.ucoz.com/index..._contract/0-36
      Thank you. This tenant works for a letting agent, so I imagine she knows that they will pay before the court case. Do they have to pay all arrears, or a token amount to avoid eviction?

      Comment


      • #4
        To avoid mandatory eviction they have to not owe 2 months rent at the time of eviction. So if rent is £500pm, and they have paid enough so that they only owe you £999 then it is not mandatory. HOWEVER, if you have also used grounds 10 & 11 then the judge can still consider these - if he thinks the problem is severe enough to make someone homeless, he can still grant you possession.

        Just one minor point. On monthly tenancy periods, it is the amount unpaid, not the arrears (these are different things). It will avoid confusion if you ensure you always use the 'unpaid' word on court paperwork etc.

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        • #5
          Originally posted by kellyp View Post
          This tenant works for a letting agent
          What can I say?

          Comment


          • #6
            Originally posted by Snorkerz View Post
            To avoid mandatory eviction they have to not owe 2 months rent at the time of eviction. So if rent is £500pm, and they have paid enough so that they only owe you £999 then it is not mandatory. HOWEVER, if you have also used grounds 10 & 11 then the judge can still consider these - if he thinks the problem is severe enough to make someone homeless, he can still grant you possession.

            Just one minor point. On monthly tenancy periods, it is the amount unpaid, not the arrears (these are different things). It will avoid confusion if you ensure you always use the 'unpaid' word on court paperwork etc.
            Thanks so much!

            kellyp

            Comment


            • #7
              Originally posted by Snorkerz View Post
              What can I say?
              Say that violence is sometimes justified?



              JUST KIDDING!

              Comment


              • #8
                Will it help our case if the tenants also defaulted on previous rental agreement?

                Or if they lied to us as to where they'd lived?

                We've found the previous address and are trying to track down the owners.

                kellyp

                Comment


                • #9
                  Originally posted by kellyp View Post
                  Or if they lied to us as to where they'd lived?

                  We've found the previous address and are trying to track down the owners.
                  Defaulted per se - no.
                  Providing untruthful information on a tenancy application - probably.

                  Comment


                  • #10
                    You could add ground 17 (discretionary) to your section 8 notice, but that would require a re-issue and so an additional 14 days delay. Based on your other post the tenant currently owes 2 months + rent, which is mandatory so long as it stays at that level.

                    Your call.

                    MODERATOR: Pls merge with:
                    http://www.landlordzone.co.uk/forums...ng-to-pay-rent

                    Comment


                    • #11
                      Thank you all for your advice. Our legal reps have, today, initiated Court proceedings re: rent arrears of more than two months, and they are proceeding with a S21.

                      They have advised us to not pursue any retrospective discrepancies (references, etc.) as this may be perceived as harrassment.

                      K

                      Comment


                      • #12
                        Are you sure you need the expense of legal representation? Section 8 & Section 21 are both diy-able if they go according to plan, it is only when things like disrepair claims come into the frame that they get complex.

                        Your choice - the perceived peace of mind may be worth the cost.

                        I am not sure how including a ground 17 issue on the s8 could even vaguely be construed as harassment. Perhaps police murder investigations should be stopped after 2 years - well it would be harassment to dig it up after all this time

                        Comment


                        • #13
                          Originally posted by kellyp View Post
                          ........
                          They have advised us to not pursue any retrospective discrepancies (references, etc.) as this may be perceived as harrassment.

                          .......
                          Surprised at that if you have cast-iron proof....

                          This case may be of interest where council gained possession order on grounds of T lying...
                          Windsor & District Housing Association
                          v Hewitt
                          It was right to award possession where the
                          landlord had been induced to grant a tenancy by
                          a false statement and there was no evidence that
                          the tenant had forgotten her earlier statement.
                          Court of Appeal
                          19 May 2011
                          However, note, in this case council could not use S21 route so don't assume lying on application forms would be taken as grounds that will get you possession order with an AST where S21 route easy for the landlord who can get his paperwork correct..

                          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


                          • #14
                            Thanks so much for all of your replies; must say that Husband and I were so stressed by all of this we were happy to hand it over to a rep/specialist agency. And, being new to this, we didn't have the confidence to proceed sans assistance.

                            Husband goes to court on November 1, with specialist agency rep. and with our Letting Agent.

                            Tenants have muddied the waters with references to disrepair (turning down boiler and claiming malfunction), but we and our Agents have documented due diligence.

                            Upon receiving the court papers, they emailed Agent to say they would be vacating on November 21 (three weeks after court case) and that they would be issuing counterclaim for breach of contract on our part... re: disrepair, and suing for the fact they've had to find alternative accommodation. Oh, yeah, and they would pay all monies owing.

                            Agent was quick to confirm their move out date in writing, to refute their long line of claims re: disrepair, and to remind them that they now owed four months' rent. We also have contractors' statements to support us.

                            Our legal guy says we need to demand a Letter of Surrender, and, until then, the tenant will be liable for rent - even if they're not there.

                            Is there a standard form for such a demand? I have tried to log in to the documents here, but they won't allow me access?

                            Once again, thanks for your time and support.

                            kellyp

                            Comment


                            • #15
                              Originally posted by kellyp View Post
                              I have tried to log in to the documents here, but they won't allow me access?
                              The forum and the 'site' are different - you need to register for the main site.

                              Comment

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