Problem Tenant section 8

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    Problem Tenant section 8

    Hi all I hope someone might be able to help. I served my tenant with a section 8 notice 10 days ago. He has now stated that I harassed him when giving him the notice. Things became heated and words were exchanged when I was delivering the notice. Tenant has now gone to the police and he has told me they are going to press charges against me. Should I be concerned that tenant will use this at court as a counterclaim so I will be unable to get him out of MY PROPERTY? I can get a witness to say that his claim is nonsense. I do not feel that I harassed or intimidated the tenant but words were exchanged. Are the police likely to press charges? Given I have not heard from them and tenant told me last Thursday that they plan on pressing charges under section 4 of the public order offenses at.

    #2
    Always remain calm, polite & business-like: it winds them up even more.

    In your shoes I'd contact plod, possibly after talking to my solicitor.

    Tenant, even after end of fixed term or after expiry of any notice, or if not paying rent for many months, is in HIS property not yours, it is merely your investment until you regain possession.

    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


      #3
      Thanks for your reply. I do not intend on going anywhere near him or the house again until the court case is over. Just checking emails from today and he has sent a crime reference number to me. He has requested that I send my date of birth and full address to him asap(He has my address anyway)? Slightly worried now. What is he up to?

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        #4
        TBH, unless you threatened the tenant, I hardly think the police would be that interested, but it can look bad for you with the court if tenant can convince them.

        Have you served a S21 to run alongside incase your S8 proves unsuccessful.

        I wouldn't reply to any further emails or correspondence with him.

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          #5
          I intend on serving a section 21 this week. I hope it will not come to this. If successful with the section 8 in court how long will it take to get him out? Im hoping by the end of the year with the accelerated route - is this too hopeful?

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            #6
            Call Police & establish if CRN refers to you - if it does contact your solicitor urgently.

            Do not supply DoB - identity theft risk. He already has you name, address probably bank details etc etc etc.
            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


              #7
              It appears that tenant is out to cause as much trouble as possible. Can he now use this as a counterclaim at the court hearing for the section 8?

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                #8
                Originally posted by Azara2000 View Post
                If successful with the section 8 in court how long will it take to get him out? Im hoping by the end of the year with the accelerated route - is this too hopeful?
                The accelerated route can not be used with S8 but acclerated is a stupid name for it as it certainly isnt quick anyway.

                Here are the PCOL timescales I had recently but will depend on your local court:-

                Another 4 days for S8 to expire
                1 month for court date
                14 days notice for PO
                2 months wait for bailiff

                With the bank holidays and the reported bailiff reluctance to evict people over xmas/new year might be a bit longer before you get your property back.

                How will you prove how you served the S8 notice? Might be worth checking with people on here you have got S8 correct.


                Dave

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                  #9
                  Am I really looking at another 3 and a half months to get him out? This is a joke. He is NOT paying any rent. I served the section 8 notice personally and I had a witness wait outside the house when I did this. Is this sufficient or not? Should I have followed up with a registered proof of postage letter?

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                    #10
                    What grounds did you use on the S8? If tenant pays off enough to get below 2 months full rent owing before the court date, you will lose the "arrears" grounds.

                    Get S21 served and running to back you up.

                    S21 must be served correctly to be valid, but you do not need any grounds. However, if you can confirm some more info, we can ensure you get dates and wording correct.

                    Is property in England/Wales?
                    When did tenancy start - exact date?
                    When did/does fixed term end - exact date?
                    Did you take deposit? If so, is it protected and did you serve tenant with Prescribed info from scheme used?


                    Your witness outside did not actually witness you handing over the document. Were they independent (ie not a relative)?

                    Comment


                      #11
                      3 1/2 months will depend on your local court waiting times (you can phone them and get an indication) but other posts I have seen give similar waits.

                      You will have to satisfy the judge that the tenant was served the S8, if the witness saw you put it through the letter box that is ok but if they waited outside I am not sure they could witness more than the fact that you entered the property with it - wait for better advice.

                      Do you know why tenant is not paying rent? Are they on housing benefit?

                      Dave

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                        #12
                        Property is in England. Tenancy began 10th October 2008. Fixed term ended 9th October 2012. Deposit protected. The witness is a friend.

                        Comment


                          #13
                          Property is in England

                          Tanancy began 10th OCt 2008

                          Fixed term ended 09th October 2012

                          Deposit protected

                          It was my friend that was outside at the garden wall...

                          Comment


                            #14
                            Originally posted by daveg View Post
                            3 1/2 months will depend on your local court waiting times (you can phone them and get an indication) but other posts I have seen give similar waits.

                            You will have to satisfy the judge that the tenant was served the S8, if the witness saw you put it through the letter box that is ok but if they waited outside I am not sure they could witness more than the fact that you entered the property with it - wait for better advice.

                            Do you know why tenant is not paying rent? Are they on housing benefit?

                            Dave
                            Do I just call the local county court? Im not sure if he would have seen me hand it to tenant. No housing benefit, he works full time. 3 and a half months seems like a long long time.

                            Comment


                              #15
                              Yes just call the county court for the area the rental property is in.

                              If he is working full time you should eventually be able to get the money back. Do you know what prompted him to stop paying? Is he claiming you have not done repairs? Repairs are another S8 defence/delaying tactic so as LesleyAnne advised get S21 started.

                              Dave

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