Evicting Tenant

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

    Evicting Tenant

    Hi,

    I have got non paying tenants in my house (i'll make this snappy and quick)

    - Tenant moved in on September

    - I have served a section 8 and section 21 notice November due to non payment.

    - Court hearing (section 8) was last week but due to the AST was on the management agents name I could not proceed with the possession as the agent should have been there. Totally the lawyers fault for not checking and advising the management agent should be there. so Court was adjourn.

    - Received a letter saying court hearing is now in July

    - the tenant agreement has a 6 month claws which tenancy can end in march

    Question:
    - Can I proceed with Section 21?
    - How long is this process?
    - Can I send bailiffs in the mean time to get some money back?

    #2
    Originally posted by Neil7210 View Post
    I have got non paying tenants in my house (i'll make this snappy and quick)

    - Tenant moved in on September

    - I have served a section 8 and section 21 notice November due to non payment.

    - Court hearing (section 8) was last week but due to the AST was on the management agents name I could not proceed with the possession as the agent should have been there. Totally the lawyers fault for not checking and advising the management agent should be there. so Court was adjourn.

    - Received a letter saying court hearing is now in July
    So the tenancy contract names the agent as LL, not you?

    - the tenant agreement has a 6 month claws which tenancy can end in march
    You mean a break clause, I think. Please quote the exact wording.

    Question:
    - Can I proceed with Section 21?
    - How long is this process?
    - Can I send bailiffs in the mean time to get some money back?
    You can apply for possession under s.21 if the notice was valid - but this is rather uncertain, given what you've told us.
    No, you cannot just 'send in bailiffs' unless you have a county court judgment in your favour.

    As well as answering my questions above, please also tell us:

    • Date that the fixed term commenced (dd/mm/yy)?
    • Length of term, and whether an 'end' date is specified?
    • Who is named as LL on the tenancy contract?
    • Who is named as LL on the s.21 notice?
    • Do you have evidence of the date of service of the s.21 notice?
    • What date does the s.21 notice expire?
    • Did you serve notice under the break clause before serving a s.21 notice?
    • If T paid a deposit, was it protected and the prescribed information given to T before the s.21 notice was served?

    Comment


      #3
      Sorry I haven't mentioned correct terms as this is my first time renting and not come across this before.

      Date that the fixed term commenced (dd/mm/yy)?
      01/09/2011

      Length of term, and whether an 'end' date is specified?
      12 Months Tenancy Agreement with 6 Months Break Clause

      Who is named as LL on the tenancy contract?
      The Management Agency

      Who is named as LL on the s.21 notice?
      Eviction Lawyers

      Do you have evidence of the date of service of the s.21 notice?
      Section 21 was served on 10th November

      What date does the s.21 notice expire?
      Not sure when it expires

      Did you serve notice under the break clause before serving a s.21 notice?
      Not Sure, I did send letters to tenant saying I would require property back by march. But tenant not budging.

      If T paid a deposit, was it protected and the prescribed information given to T before the s.21 notice was served?
      Protected by DPS


      Tenant has not paid for 5 months now and still not continuing to pay. I thought if I proceed with s.21 (if i can), I would be able to do it sooner rather then waiting for the July court date.

      Please let me know if you need any other information as I am happy to supply as you can imagine I am going through so much stress with the whole process.

      Comment


        #4
        Originally posted by Neil7210 View Post


        Length of term, and whether an 'end' date is specified?
        12 Months Tenancy Agreement with 6 Months Break Clause

        Please quote the exact wording of the break clause.

        Who is named as LL on the tenancy contract?
        The Management Agency

        Who is named as LL on the s.21 notice?
        Eviction Lawyers
        So, 'X Agency Ltd' is named as LL on the contract. And 'Y Lawyers Ltd' is named as LL on the s.21 - but does the notice say that Y Lawyers is serving notice on behalf of X Agency?

        Probably easiest if you just quote the whole text of the s.21 notice...

        What date does the s.21 notice expire?
        Not sure when it expires
        Need to know this.

        Comment


          #5
          The exact wording of the agreement:
          Term: 12 months with 6 Months Break Clause
          Commencing 01/09/11

          On the contract it states that the Estate Agent is the Land Lord

          On Section 21 form it states:
          (3) Names and Address of Landlords Agent (Note 4)
          ..... Eviction Lawyers LTD... Date... 10 November 2011

          Note (4) - To be signed and dated by landlords agent (someone acting for him)


          Ah yes, date of expiry states:
          After 2nd March 2012

          Please let me know where i stand and what can I do.

          Comment


            #6
            Originally posted by Neil7210 View Post
            The exact wording of the agreement:
            Term: 12 months with 6 Months Break Clause
            Commencing 01/09/11
            This isn't a break clause. If there is nothing else in the contract specifying how the break clause may be exercised, (e.g. by serving written notice of a certain length and the effect of the notice, etc), then there is no break clause. Which means you can't get possession via s.21 before 31st August 2012.

            Aside from that, - although it's somewhat irrelevant if there isn't a break clause - a s.21 notice must be given by the LL, and it isn't clear, from what you've told us, whether the notice actually says this? Is the LL's name mentioned anywhere on the s.21 notice or not? (And is it by any chance a notice drafted by 'R*****' eviction lawyers? - no names, please, but does it begin with an 'R'?)

            Although your managing agent may be attempting to pass the buck, it would appear that the agent is as clueless as the evictions lawyers. Was it the agent's bright idea to name himself as LL? Then fail to mention that only the LL can apply for possession?

            Comment

            Latest Activity

            Collapse

            Working...
            X