Landlords Eviction story so far

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    Landlords Eviction story so far

    I have a tenant who stopped paying me rent 4 months ago, the tenancy is now running periodically.

    I have served section 21 and will expire 19th March.
    I have served section 8 to the tenant and guarantor and it expired today.

    Tenant has now decided to falsely accuse me of harrasment!!!
    They also said they will pay rent arrears on 1/3/07.

    I am thinking of taking matters further by using possessionclaim online PCOL, rather than the n5/n119 paper based route because it seems quicker. has anyone else done this?

    If i get a court date for after 19th March (section 21 expiry) and the tenant does pay up on the 1/3/07 but does not leave the property by the 19th march, will i still beable to claim possession in court using the PCOL route?

    Hope this makes sense.

    #2
    Originally posted by smandir View Post
    <snip>Tenant has now decided to falsely accuse me of harrasment!!! <snip>
    .
    Write advising the tenant that you feel that any allegations of harassment are completely misconcieved as a landlord is entitled to seek possession of a property the legal processes you are following.

    State you are unaware of anything you have done that could be construed as harassment but if you are informed of the date and time and details of the alleged harassment you will look into the situation.

    You will regard most seriously any unsubstantiated future allegations of harassment.

    The rent and other issues are quite routine but harassment could, if substantiated, be a very serious matter. Sometimes bad tenants will concoct stories - it's best therefore to be seen to be reasonable and concerned about these false allegations.
    Vic - wicked landlord
    Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
    Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

    Comment


      #3
      Originally posted by Worldlife View Post
      Write advising the tenant that you feel that any allegations of harassment are completely misconcieved as a landlord is entitled to seek possession of a property the legal processes you are following.
      I have already done this, the tenant is trying anything to stay in the property. She has no proof of any harrasment, in fact it is her who has become verbally abusive and confrontational.

      Comment


        #4
        Make sure you have a reliable female witness of good character with you whenever you visit, there's harrasment and harrasment if you get my drift.

        Comment


          #5
          any guidance with my original question?

          Comment


            #6
            Your section 21 action is unaffected by your section 8 one. If the tenant does pay up before your section 8 court date, that action will fail, however your section 21 action by form N5A or the PCOL routewill still succeed if the paperwork is correct. Note these will be separate actions and attract separate court fees.

            P.P.
            Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

            Comment


              #7
              I was under the impression that PCOL cannot be used for S21 (forfeiture of lease)?

              Comment


                #8
                Originally posted by Miffy View Post
                I was under the impression that PCOL cannot be used for S21 (forfeiture of lease)?
                thats what i thought.

                Comment


                  #9
                  I have a court date for the 22nd March.

                  Tenant has called me today and said they will vacate the property on the 17th March in accordance with the section 21 and pay me all outstanding rent before the hearing date. Let's hope she does.

                  Comment


                    #10
                    Originally posted by smandir View Post
                    I have a court date for the 22nd March.

                    Tenant has called me today and said they will vacate the property on the 17th March in accordance with the section 21 and pay me all outstanding rent before the hearing date. Let's hope she does.
                    Good luck and I hope it goes well for you. Not to be a wet blanket, but make sure you are prepared if she doesn't do what she has promised!

                    Comment


                      #11
                      Good luck Smandir!
                      ASSUME NOTHING - QUESTION EVERYTHING!

                      Comment


                        #12
                        Originally posted by Paragon View Post
                        Good luck Smandir!
                        thanks mate

                        Comment


                          #13
                          Hearing coming up on the 22nd March.

                          Quick query, what happens if the tenant moves out before the hearing but does not pay outstanding rent. Does the hearing still go ahead?

                          Comment


                            #14
                            Originally posted by smandir View Post
                            Hearing coming up on the 22nd March.

                            Quick query, what happens if the tenant moves out before the hearing but does not pay outstanding rent. Does the hearing still go ahead?
                            The only 100% surety of possession that a landlord has is when a Judge orders it so.

                            You've paid the court fee, and go ahead. Ask for possession forthwith, saying that the tenant has just moved out. Also, ask for money judgement for the outstanding rent (take a spreadsheet printout of how you have worked out the total owed). It won't cost any extra, and at least the tenant will have a whacking great CCJ on file!
                            On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

                            Comment


                              #15
                              The tenant is still liable for your additional expenses in taking the court action, e.g. court fees, so go to court unless they pay the full whack, including your additional expenses (unless of course you have agreed that you'll take that hit in order to get your property back).

                              Do let us know what happens.

                              Comment

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