Issuing a section 8 and grounds 9?

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

    Issuing a section 8 and grounds 9?

    I've been trying to get my tenant out of the property as they have stopped paying her beenfits.

    In the paper work from the letting agent I've just found a section 21 issued when the contract was signed. The fixed term expired in March so they rolled onto a periodic tenancy. Is original the section 21 (b) still valid? And does that mean in effect I can ask them to leave the property immediately or I will make court order possesion.

    Thanks in advance

    #2
    I would imagine that S21 could well be totally worthless. If it was signed and issued before the deposit was placed in a government scheme, it will have to be re-issued with the correct dates.

    Comment


      #3
      As Claymore says: Also if agent cannot prove it was not issued before tenant took up occupation (walking in through door..) then it would be invalid without deposit also...

      You can always ASK any tenant to leave any time.. but they don't have to, even if S21 is valid. S21 does not end tenancy & does not oblige tenant to leave...

      In your shoes I'd issue S21 & S8 (even if not yet 2 months owing) and try bribery to get them out...


      Cheers!
      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
        The tenancy can only be ended by either:

        1) The tenants surrender; or
        2) You obtaining and enforcing a court order.

        If you can prove the s21 was issued after:
        a) The contract began
        b) The deposit was protected
        c) The deposits scheme 'prescribed information' was given to tenant

        Then the s21 will still be valid so long as a new contract hasn't been agreed since.

        If it's valid, you can ask them to leave, and they may comply (surrender), but they don't have to.
        If it is valid, you can commence court proceedings right away and you may have a possession date for around 6 weeks time.

        Comment


          #5
          Was a deposit paid?
          What date was the contract signed?
          What date was the Sec 21 issued?
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment


            #6
            Issuing a section 8 and grounds 9?

            1) I plan to issue a section 8 on grounds 8,10,11. If I send by registered delivery on Monday can I issue section 8 for two weeks from Thursday (20th Sep) or does this also need be after tenancy end date of 10th of each month?

            i.e. The court proceedings will not begin until after: Thursday 4 October.

            2) I think I also have grounds 12 for eviction but i would rather not disclose them to the tenant at this time as I would like to go and take photographic evidence at the property next weekend after I have served the notice. Can I add these on when I make the court possession order or do they need to be notified in advance?

            3) I think I also have grounds 9, but these require two months notice so I assume there's not much point using these as I have a sec 21 expiring before this time? She has told me previously she has a 5 bed house in London, but she said to me the other day that "no judge in the country will evict me when I have a son and no where else to go to". My property is in Hertfordshire so it would involve moving schools but it looks to me likes this would fall under grounds 9?

            4) I also have a section 21 in place but that doesn't expire until November 10. Do judges sometimes not enforce these on the basis that it would force a child to move schools or is the section 21 likely to succeed?

            Thanks

            Comment


              #7
              1) If posted 1st class (I strongly advise against registered/recorded) then it will be considered served on Wednesday 19th, so you can commence your court claim after Wednesday 3rd October.

              2) You can add a g12 later, but if you gave a g8 mandatory ground (g12 being discretionary) then it may not be worth the hassle. Why can you not get your photographic evidence today?

              3) I believe g9 relates to alternative accommodation provided by you.

              4) A valid s21 is not discretionary - if you have done everything right, it must be granted.

              Comment


                #8
                Did you read the replied to you post here:

                http://www.landlordzone.co.uk/forums...ve-immediatley

                If the S21 you state you "have in place" is the one referred to in the previous post, you have already been advised it is likely invalid due to issue prior to deposit protection. Don't sit back thinking this S21 is a reliable back-up plan, as it might be worthless!

                If you answer the other questions you were asked in that thread, we can advise whether the S21 will stand up in court.

                Comment


                  #9
                  Originally posted by LesleyAnne View Post
                  Did you read the replied to you post here:

                  http://www.landlordzone.co.uk/forums...ve-immediatley

                  If the S21 you state you "have in place" is the one referred to in the previous post, you have already been advised it is likely invalid due to issue prior to deposit protection. Don't sit back thinking this S21 is a reliable back-up plan, as it might be worthless!

                  If you answer the other questions you were asked in that thread, we can advise whether the S21 will stand up in court.
                  I had already issued a new periodic S21 that takes effect in Nov. I was hoping that the one issued when they moved in meant we could move forward now, but it was issued prior to the deposit being protected so I haven't pursued that avenue.

                  Comment


                    #10
                    Two related threads have been merged.
                    I also post as Mars_Mug when not moderating

                    Comment


                      #11
                      Thanks Snorkez. I don't live near the property and also need to provide the 24 hours notice so this weekend wasn't possible. It sounds like I have enough to go along with with the late rent grounds and section 21 as back up.

                      The tenant has a guarantor (although the legal document doesn't look to be a deed, as described elsewhere as a requirement, so I wonder how well it will stand up in court). Should I issue the section 8 with the guarantors name on it as well as the tenant?

                      I assume it is also a good idea to get in touch with the guarantor and let her know that the tenant has fallen two months in arrears with her rent and I will soon be pursuing her for unpaid rent?

                      When it gets to the court stage am I pursuing both tenant and guarantor from the off-set?

                      Thanks

                      Comment


                        #12
                        The section 8 will be against the tenant only.

                        If you obtain a money order against the tenant via section 8, you can then pursue the guarantor separately - presumably with a moneyclaim.

                        I agree that contacting the guarantor is a good idea. They may 'encourage' a quick departure by the tenant in an attempt to limit the monetary damage the tenant is inflicting on them. Obviously, you would not suggest such a course of action.

                        Comment

                        Latest Activity

                        Collapse

                        Working...
                        X