Tenant on Benefits, moved out without notice, all stuff still there...

[smoulki02]

Tenancy started 17th Dec AST fixed for 6 months but is now periodic.

I plan to post a section 21 4a to the let property and to her support worker's address, twice from 2 different post offices on the same day (05/10/12) first class with proof of postage.

I have downloaded the s21 4a provided by this website.
It states "Notice is hereby given that I require possession of the dwelling house (address) after the expiry of this notice. Date of expiry of this notice: _____" I plan to put 16th November 2012.
Is this correct?

I would have expected to regain possession around mid Jan 2013. Why do you think it could be Feb? Have you had experience of this?

Thanks

[thesaint]

Date of expiry of this notice: _____" I plan to put 16th November 2012.
Is this correct?

No, it needs to be December 2012

I would have expected to regain possession around mid Jan 2013. Why do you think it could be Feb?

See above.

[smoulki02]

Silly me, of course it's December!

Thanks, I'm clearly not thinking straight at the mo. is Dec 16th ok?

[Claymore]

Do the S8 on the grounds of rent arrears and also let the Judge know the tenant has moved out and show proof of letter from HB saying she has moved.

S8 should be much quicker.

[smoulki02]

Hi Claymore,
Thank you for your suggestions.
I have been told by Tenancy Relations that the letter from Housing Benefit is not enough evidence that the T has moved out, especially because her furniture is still there and no keys returned.
Her Support worker has said T is just in temp accommodation and may want to return to the tenancy if she can't get a council house...
The support worker just rang me mid-message and has said that T is returning to the house this Sunday and will begin to pay rent from now on. Support worker also spoken to Housing Benefit and has said that they are going to start paying me again once they have processed everything...
T currently owes £250 and support worker has suggested paying £10 of that every month (more than 2 years to pay it off)...
Do you think the support worker is talking rubbish? ...I'm a bit surprised that T is suddenly returning. Any ideas why?
Thanks

[thesaint]

Have you got the certificate of posting for the Sec 21's?

[theartfullodger]

Tenant would appear to still have a valid tenancy that no court has yet ended.

It might no longer be an AST.

No wise person would suggest a support worker talks rubbish: regardless of what one thinks.. try & maintain good relations with all council departments.

Cheers!

[smoulki02]

It might no longer be an AST?? What do you mean?

The support worker has previously asked that I evict the T to ensure she gets a council house...so I'm very cautious of this support worker.

I did not post the s21. I have 4 copies all printed out, written up and in envelopes to support worker and the T but not yet posted.

This new info from the support worker has shook me up a little as it's very unexpected and I have no idea why T ever left if she was just going to return out of the blue.

What's the quickest way to get her out during a periodic tenancy and bearing in mind background info?

I'm thinking that, all the insecurity I have about the T's intentions means that I should get her out asap....

[theartfullodger]

It might no longer be an AST?? What do you mean?

- if she is no longer resident it ain;t no AST...so S21 , S8 wouldnae apply... but be careful, tenant only needs to move back in & it's an AST again....

..

...

What's the quickest way to get her out during a periodic tenancy and bearing in mind background info?

.......

Bribery: Bit make sure it don't appear to be harassment (which would get you a criminalm record, possibly...)

Cheers!

[smoulki02]

Thanks for response...
I'm unsure as to whether she is still classed as living there....
She left the property for more than 6 weeks to go in temp accomodation to try to get a council house but is apparently returning to the house tomorrow.
s214a or notice to quit?
I'm not in direct contact with T as she insists on all being done through support worker...
What would you advise?

[smoulki02]

I've been told I can issue both so I will do just that....

[Claymore]

I don't know what is best to do here. Bottom line is do you want this person as a tenant. Sounds like she will be bad news regardless.

I think you need specialist advice - Snorkerz would have been able to help you but he's recently left the forum to concentrate on his business. Search out one of his posts as there is a website link to his business - he gives very accurate advice and I would imagine his cost would be reasonable.

[smoulki02]

I've posted 1x notice to quit expiring on Nov 16th and 1x s214a expiring Dec 16th.
Two copies to support worker and 3 to tenant (one hand delivered).
Support worker just rang me to confirm that I want T to leave and I said yes.
Is it just a matter or waiting until they expire?
Then if T does not leave, apply for possession using n5b form?

[Berlingogirl]

It sounds to me like your T will stay if the bad boyfriend is off the scene. I'd expect her to stay past the S21 date.

As this date approaches write to her reminding her that you require possession on Dec 16th (copy to support worker). Remind her that after this date ie 17th Dec you will be pursuing possession through the courts and will be requesting that she pay the court fees, your solicitors fees, your costs, and interest on any arrears. Remind her that you will be able to provide her with a reference if her rent is up to date and she moves out on time.

Suggest to the social worker that it is the T's best financial interests to move out on time.

It will probably be 6-8 weeks for the court date, another 2 weeks for her to move out and if she doesn't then it will be longer as you'll need bailiffs. So she'll have plenty of time to find somewhere else.

[smoulki02]

Thank you very much for your clear advice. I can't decide whether I think T will leave or not...
Neighbors have informed me that both T and her boyfriend returned to the property together. Which is rather strange and makes me wonder if it was just an excuse to get a council house...
When I posted the letter/documents I saw a cat sitting on the kitchen window ledge inside the house. It seems to me that T has had a few pets I have not been made aware of. I'm worried about the carpets etc...
I think maybe I should expect the worst and be ready for a very LONG process.