Section 8 notice

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    Section 8 notice

    Hi,
    i need to remove a family from a property. the problem is I did not set p a short term tenacy aggreement. I know this was a stupid thing to do, but would realy appreciate some advice from any expert in this field.
    I am thinking about gaining entry myself whilst tennants are out and changing locks. what could the tennants do if i did this?

    thanks for any advice

    chris

    #2
    Your proposed action would be a criminal offence with a potential penalty of £5000 fine / 6 months prison. The tenants could also sue for considerable damages.

    So....

    Your tenants have a periodic oral assured shorthold tenancy, presuming they moved in after 1997.

    You need to evict them using the process outlined in section 21 of the 1988 Housing Act.

    Have you taken a deposit from the tenants? Have you protected such a deposit in a government approved scheme?

    I have written a simple overview of the section 21 process here: http://tenancyanswers.ucoz.com/index..._contract/0-37

    Comment


      #3
      Whoa! Unless this family live in the same property as you (do they?), the chances are you have created an AST (whether or not it is in writing is immaterial). Your tenants have rights. If you do as you suggest (changing locks etc), you would be committing a criminal offence (illegal eviction) and could end up behind bars.

      Please clarify :

      Is this a rental property in England or Wales?
      Did they pay a tenancy deposit?
      If so did you protect it in a scheme?
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

      Comment


        #4
        If you gain entry and change locks you face prosecution, a hefty fine or even a prison sentence for illegal eviction.

        You need to give more information on the situation for anyone to advise you here.

        When did tenants move in?

        If you haven't given them a tenancy agreement, what arrangements were agreed at the start?

        Did you take a deposit? Is it protected in a govenment scheme? (as you did not have a written agreement I presume these 2 answers will be NO!).

        Is rent paid? If so is it monthly, weekly etc?

        What are tenants doing to cause you problems?

        You will need to issue them notice that you intend to apply to court for possession of your property, and what form this takes will depend on the information you give above. Unfortunately, even without any formal agreement in writing, if you have accepted rent payments, then a tenancy exists and the only correct and legal route to eviction is to issue notice, and if tenants do not leave, then apply to the courts once this expires.

        Comment


          #5
          Hi,

          my tennants moved in about eight months ago.
          rent was to be paid montly with a months deposit (not secured in a rent deposit scheme)
          the tennants are paying the rent, but are always late and I need to chase up constantly.

          Comment


            #6
            Well you can't even issue a section 21 notice until he deposit is protected.

            You can attempt to evict for late payment under section 8 of the 1988 Housing Act (ground 11) but it is unlikely a judge will consider that a serious enough breach of contract to warrant making someone homeless. http://tenancyanswers.ucoz.com/index..._contract/0-36

            You can protect the deposit tonight for free at http://www.depositprotection.com
            Part of the process is that you have to provide the tenant with this information https://www.depositprotection.com/We...9-6cfe30d060dd

            Comment


              #7
              Originally posted by Snorkerz View Post
              Your proposed action would be a criminal offence with a potential penalty of £5000 fine / 6 months prison. The tenants could also sue for considerable damages.
              And up to Two years in prison upon conviction at a Crown Court.
              Fed up with nitpickers and rivet counters...

              Comment


                #8
                I strongly recommend that you join a landlord association such as http://www.landlords.org.uk/ or a service such as http://www.landlordlaw.co.uk/home-page which sells eviction 'kits' guiding you through how to legally evict a tenant in England/Wales.

                Cheap and easy way to save yourself tens of thousands of pounds in damages for illegal eviction and/or avoid going to prison.

                Comment


                  #9
                  serving section 21 notice

                  Hi,

                  I hope someone can help me.

                  I need to evict two tennants (husband and wife) due to delays with rent. currently the rent is twenty days late. this has been going on now for the past four months. do I have grounds to evict on this basis? Also they have a son living at the house (10 years old) who is not on the tennacy aggreement.

                  What is the best way to serve the section 21 notice?

                  The tenacy aggreement was signed on the 7th September 2010. The tenancy aggreement is now on a rolling contract.

                  I would much appreciate any advice on this

                  regards

                  christian

                  Comment


                    #10
                    If you wish to evict via section 21, you don't need any 'grounds'.

                    So we can make sure you get the paperwork right, please confirm

                    The property is in England/Wales
                    The rent is under £100k pa
                    The length of the fixed term
                    Was an end date specified?
                    Did Ts pay a deposit - is it protected in a government scheme?

                    Comment


                      #11
                      The property is in England/Wales yes
                      The rent is under £100k pa yes
                      The length of the fixed term 6 months
                      Was an end date specified? no
                      Did Ts pay a deposit - is it protected in a government scheme? deposit paid but not protected

                      thanks for your help

                      Comment


                        #12
                        You must protect the deposit and send the tenant the prescribed information. Until you have done that you cannot use a S21 to bring the tenancy to an end.
                        I offer no guarantee that anything I say is correct. wysiwyg

                        Comment


                          #13
                          thanks for the advice,

                          where do i obtain a rent deposit scheme application and section 21 notice?

                          if the tenancy began on the 7th, does that mean that the notice must be served before the 7th in order not be delayed another month?

                          regards

                          christan

                          Comment


                            #14
                            could someone please recommend a rent deposit scheme so i can insure the deposit taken?
                            also how long does it take to register and will it effect my serving section 21 due to late registration?

                            regards

                            Comment


                              #15
                              You can use the Deposit Protection Service to protect the deposit now. It takes a few minutes to join and only another few minutes to pay the deposit into it, and it's free.

                              You are then able to print out the prescribed information which must be sent to your tenant before you issue the S21.

                              There is no need for the tenant to sign anything but you should keep proof that you have complied with the rules. You will get a unique code and your tenant will have his own unique code.

                              Only when these steps have been taken can you issue a valid S21.

                              Always allow sufficient time to elapse before going on to the next step, usually 2 days if posting first class. Do not use 'signed for' posting, normal mail is enough, get a certificate of posting (free), to be sure post the same thing from 2 different post offices.
                              I offer no guarantee that anything I say is correct. wysiwyg

                              Comment

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