Eviction proceedure

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    Eviction proceedure

    Hi, good morning - I have a question. My husband and I own 2 properties - both mortgaged - one of which we have a buy to let and have tenants in. They are on a rolling contract and have been in there for about 2 years. However my marriage has broken up and I am renting a room in a house. I guess I have to have the other house back until our divorce gets sorted out, not sure yet if we will sell the rented house or I can buy husband out - what is the exact procedure to evict them? The house is in England, they paid no deposit, they are on housing benefit and gave up a secure housing association house to live in our house - I feel terrible about this - they have two children. Oh dear to all of it. Thank you.

    #2
    You need to serve them a Sec 21 notice. If they decide to do what they are entitled to do, you won't get your property back for at least 4 months.

    What date did the tenancy start?
    How long were the rental periods?
    What length was the fixed term?
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      Thank you for your reply - the tenancy started approx 14 months ago - so July/August 2011, I have the paperwork but not with me - she had a one month contract which rolled over - and she pays fortnightly although the contract says to pay monthly, she asked us and we agreed. Though - they have been the worst payers EVER!!! But this is not the reason I need the house back. I have moved to a one bed room, now 25 miles away from my job which costs a fortune in diesel - I never thought in a million years I would get divorced!!!!

      Comment


        #4
        Have you protected their deposit and given them the full prescribed information from the scheme you used? You cannot issue a valid Section 21 notice unless you have complied with this.

        The notice itself does not end the tenancy or force the tenants to leave, and if they stay, you then need to apply to court for a possession order. The notice must be issued correctly, with correct dates etc, for it to stand up to court scrutiny to gain possession. Tenants may of course, move out, but many don't and if there is a chance they will approach the council to re-house them, they will be advised to sit out the full eviction process to make them eligible for council property.

        There are templates for the notices here:

        http://www.letlink.co.uk/letting-lib...and-forms.html

        and guidance to the process here:

        http://www.letlink.co.uk/letting-fac...d-tenancy.html

        you need the one which applies to a periodic tenancy. Notice must give a full 2 month period, ending to co-incide with end of a rental period, and you must have proof it was delivered. Usually recommended to post first class (from 2 separate Post offices for a belt and braces approach), and ask for free proof of posting. Courts will accept 1st class mail as being delivered to the tenant's address 2 working days after posting. Do not send registered/recorded, as tenants may not be in to sign for it, and with something time sensitive like notice documents, this will delay arrival and could invalidate the notice.

        Once you have read through the links above, if you have any queries or wish to confirm the notice details to ensure you have it spot on, then come back and ask again.

        Comment


          #5
          A section 21 notice is a notice that allows you to apply for possession in court and terminate the tenancy. It is guaranteed to succeed, if the notice is 100% correct, so be careful with the facts.

          When did the tenancy start?
          How long was the last agreed fixed term?
          was there an end date explicitly mentioned?
          What is the rent payment frequency according to the tenancy agreement? (I assume monthly like you said)
          Do they owe any rent?
          All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

          Comment


            #6
            Thank you very much - and no deposit so not protected. Thank you.

            Comment


              #7
              Thank you - I think we have done everything right with renting the house - I realise councils will tell them to sit tight until they get a court date. Very unfortunate all around, they can only rely on the council to re home them as they are on benefits. Thank you

              Comment


                #8
                be really careful with the dates. Get it right and 100% guaranteed. get it slightly wrong, you are back to square one and you will only find out in front of the judge
                All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

                Comment

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