Wanting to evict my tenant

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    Wanting to evict my tenant

    Hi, any advice would be very much appreciated.

    We have a tenant that is currently in a periodic agreement, the original agreement ended three years ago. We were led to believe by the letting agent, that having a council tenant was fail safe (yes I know we have been completely niave) but having just found out that this is absolute crap, we now want to evict our tenant. She has trashed the property and is two months in arrears with the rent, which isn't the first time she has been in arrears.

    We also now know that the deposit which the council guaranteed at the start of the original agreement, is not guaranteed in a periodic tenancy after two years.

    Having never evicted someone before, what is the quickest way to do this, what is the process (forms, letters, etc) and how long does the process take.

    Thank you in advance

    #2
    You need to serve section 8 and section 21 notices.

    Comment


      #3
      If 2 months rent is owing, then s8 g8, 10, 11.

      14 days for expiry after date of service (receipt) before you can apply for Court Order hearing. Given time of year, poss date for hearing - Feb, with a min 14 day 'stay'
      Advantage over s21 is you can apply for money order for all rent owed at same time, though you should also ask Judge to issue Order to release deposit to you.

      I agree serve s8 and s21 now. s21 requires 2 month expiry before action.

      Comment


        #4
        Are you getting the housing benefit paid directly to yourself?

        Originally posted by mariner View Post
        though you should also ask Judge to issue Order to release deposit to you.
        There's no deposit.
        Allow tenants to protect their own deposits. I want free money when they do it wrong

        Comment


          #5
          Thank you for your responses, really appreciate it.

          So do we issue both notices together now or do I need to apply to the courts first, Ive had a look at the relevant forms and section 8 requires a court date.

          Re section 21, am I correct in thinking that the earliest date we can expect the tenant to leave the property is two months after the next rent due date?

          The rent payments are not currently paid direct to us, although they have been on and off in the past, despite previous rent arrears, the council feel she should have some responsibility! Also, we weren't familiar with the council deposit arrangement, we have had no correspondance from them regarding this, according to the letting agent, the council should of contacted us after two years to tell us that the tenant has failed to pay any of the deposit.

          So no deposit, rent arrears, no rent to come whilst we wait for her to leave. Damn, we've seriously learnt our lesson!

          Comment


            #6
            There are 3 stages to the process, whichever of the 2 options you choose.

            1) You issue notice to the tenant telling them that you intend to apply to the court for possession (14 days - section 8, 2 months+ section 21) Neither notice obliges the tenant to leave the property.

            2) After the notice expires - you apply to the court. Section 21 is almost guaranteed and doesn't usually involve a court hearing, section 8 is less guaranteed. Due to the requirement for a court hearing, the 2 processes take similar time from initial notice to possession date.

            3) If tenant doesn't leave when ordered by the court, you need to organise bailiffs.

            You will get lots of free help on here, or there are companies that advertise on here (including mine) that can help you with the process - be warned, fees can vary dramatically


            The advice I give on this forum is for general information only. You are advised to seek specialist advice. I can provide such help on many tenancy matters including eviction, call 0800 270 7747 for details

            Comment


              #7
              Thank you Snorkerz

              Comment


                #8
                Hi again,

                I'm doing this all step by step to make sure I do this the correct way.

                Am I correct in issuing a section 21 4 a notice for a rolling tenancy agreement as apposed to 21 1 b?

                I have printed the section 21 4 a off, but it just doesnt look right? The original tenancy agreement was taken out on 4th November 2009, this is now a rolling agreemnent, the section 4 a I have printed off says...

                'I/We give notice..... After the end of the period of your tenancy which will next end after expiration of 2 months from the service of this notice upon you' This then has the date worded as today, should the notice state the date the tenant should be out of the property ie 3rd March 2013.

                If I am issuing section 8 as well, do I actually give this to the tenant at the same time as section 21, if so, what do I put for the 'court date' section, do I have to apply to the courts first?

                Thank you for your patients.

                Comment


                  #9
                  Your S21(4)(a) should give two complete monthly periods of notice.

                  If your tenants move in on the 3rd of a month then the notice should give a full two months ending After the 2nd of mm/yyyy Using the word 'after' is important.
                  I offer no guarantee that anything I say is correct. wysiwyg

                  Comment


                    #10
                    The court date for section 8 is a minimum of 14 days after service.

                    Comment


                      #11
                      Thank you for the replies - I know the dates for the section 21, which is 3rd march 2013. My hubby thought he was helping by filling out a free online section 21 4 a form this morning, which was emailed back with todays date, I was expecting it to show a date of the 3rd March 2013, so I'm guessing that there is a problem with this online form I have since copied the form from this site.

                      With regards to section 8 - I'm not sure what you mean by minimum of 14 days after service.

                      Thanks again for your patients...

                      Comment

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