What happens if an evicted client leaves a house full of stuff?

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    What happens if an evicted client leaves a house full of stuff?

    Prior to renting out my house 5 years ago it was my home for 16 years. I'm now into my second tenancy, with the current tenant having been there for 3 years. It started off as an Assured Shorthold Tenancy and is now a Periodic one. My life circumstances are changing and I really want / need to get my house back. I plan to issue a Section 21(4)a Notice, but strongly suspect the tenant won't want to move out. If it comes to me needing to get a court order, please can anyone tell me what my position is re: Ground 1 of Grounds for Possession? I think I would qualify for it, but have read that even with mandatory grounds for possession there is still a discretionary element as to whether or not they are granted.

    To complicate matters further, the tenant has, unusually, not paid this months rent, a situation I hope to resolve through negotiation. However, if he's in arrears when I want to serve the Section 21 Notice, and given it seems almost impossible to evict a tenant on the basis of rent arrears, will I still be able to serve the Section 21 and if necessary follow it through solely on the grounds of having lived in the house as my home and wanting to move back in?

    Any info or advice will be very gratefully received. Thanks

    #2
    Section 21 needs no grounds, other than the fact the tenant is "out of contract". If you have complied with the conditions attached to section 21 then that should be your quickest solution.

    Section 8, ground 1 requires you to have served a notice before the tenancy began that you may use ground 1 - did you? Even if you did, ground 1 will take longer than section 21 as the later rarely requires a court hearing.

    Section 8, ground 10 applies if the tenant owes any rent at the time of service of notice and at court hearing. It is at the discretion of the judge but if granted the timescale should be slightly quicker than section 21.

    Section 8, ground 8 applies if tenant owes = to 2 months rent at the dates above, but the judge has no discretion with that one, he has to grant possession.

    Comment


      #3
      S21 is a "no fault" notice and LL need give not reason or grounds to use it.

      Before you issue the notice, did you take a deposit from the tenant, is it protected and the PI from the scheme used served ot the tenant within 30 days? Do you have proof of this? Failure to fully comply with deposit regs will invalidate your notice.

      Comment


        #4
        Originally posted by alovelyhouse View Post
        It started off as an Assured Shorthold Tenancy and is now a Periodic one.
        It's still an AST. A statutory periodic AST.

        I plan to issue a Section 21(4)a Notice, but strongly suspect the tenant won't want to move out. If it comes to me needing to get a court order, please can anyone tell me what my position is re: Ground 1 of Grounds for Possession? I think I would qualify for it, but have read that even with mandatory grounds for possession there is still a discretionary element as to whether or not they are granted.
        You are conflating two different types of notices under Housing Act 1988.

        S.21 is the so-called 'no fault' (and guaranteed)* route. The LL doesn't need to cite any grounds at all for requiring possession. It's a minimum two months' notice and can't be applied till after the fixed term.

        S.8 is the citing-grounds route. Notice periods vary, but, for unpaid rent ground 8 etc it's 14 days. Can be used during the fixed term.

        The two are completely separate. You can serve either or both notices and each has no bearing on the other.

        I would forget s.8 and go with s.21(4)(a). At least two months', also expiring on the last day of a tenancy period (not a rental period, though the two may coincide), and also being expressed to expire "after" that date.

        ===
        *Assuming the notice is valid and correctly served

        Comment


          #5
          Many thanks for your reply.

          [QUOTE=Snorkerz;456401]Section 21 needs no grounds, other than the fact the tenant is "out of contract".

          By "out of contract" do you mean that I can only issue the Section 21 if, as is the case now, he has broken the tenancy agreement by not paying the rent? Or can I just use a Section 21 simply want I him to leave so that I can move back in?

          Comment


            #6
            Forgot to say thanks for setting me straight about the distinctions between Section 21 and Section 8.

            Comment


              #7
              Thanks very much for your reply and for prompting me to check all the deposit issues. It's all fine, so there shouldn't be a problem there. It very useful to know how important every detail of that process is.

              Comment


                #8
                Many thanks for your reply and for clarifying the differences between Section 21 and Section 8. In saying that Section 21 is the no fault, guaranteed route as long as it is valid and correctly served, do you mean that as long as the right form of Section 21 Notice is used containing all the correct details and, as you say, is served correctly, it should hold? I'm sorry to labour this point, but I'm basically trying to ascertain that I can still serve the Section 21 even if the tenant has not broken the tenancy agreement.

                Comment


                  #9
                  Originally posted by alovelyhouse View Post
                  Many thanks for your reply and for clarifying the differences between Section 21 and Section 8. In saying that Section 21 is the no fault, guaranteed route as long as it is valid and correctly served, do you mean that as long as the right form of Section 21 Notice is used containing all the correct details and, as you say, is served correctly, it should hold?
                  Yes, essentially. The court must grant a possession order if all paperwork is in order.

                  Originally posted by alovelyhouse View Post
                  I'm sorry to labour this point, but I'm basically trying to ascertain that I can still serve the Section 21 even if the tenant has not broken the tenancy agreement.
                  Yes, hence why it is nicknamed the 'no fault' route.

                  Originally posted by alovelyhouse View Post
                  Originally posted by Snorkerz View Post
                  Section 21 needs no grounds, other than the fact the tenant is "out of contract".
                  By "out of contract" do you mean that I can only issue the Section 21 if, as is the case now, he has broken the tenancy agreement by not paying the rent?
                  No. By 'out of contract' Snorkerz means 'after the fixed term expires'. Under s.21 the court cannot make an order for possession to take effect during a fixed term tenancy. This isn't a 'ground', just a basic legal fact.

                  Originally posted by alovelyhouse View Post
                  Or can I just use a Section 21 simply want I him to leave so that I can move back in?
                  You can use the s.21 route without having any reason at all for wanting possession. S.21 requires neither grounds nor reasons. All the LL needs to state is that he requires possession, (and give the correct length of notice and correct date of expiry of notice).

                  Comment


                    #10
                    Thank you so much. I really appreciate your help.

                    Comment


                      #11
                      Serving a Section 21 Notice by post

                      Hi, I am preparing to serve a Section 21 Notice and would appreciate your advice on whether or not it would be ok to do so by post. Serving Notice in person does not seem possible as I don't have someone independent to witness my serving it, so I had planned to send copies of the Section 21 by first class post from two post offices, keeping proof of postage. However, my tenancy agreement does not mention anything at all about the actual method by which Notice may be served. Given that, do you think that my following the postal route as planned would be acceptable in court? Thank you.

                      Comment


                        #12
                        Yes your plan is fine.

                        Methods of service are determined by the civil procedure rules, not anything in your contract.

                        Under the rules a single letter by first class post would technically be deemed served the next working day. Folks advise to send 2 from different post offices and get proof because it makes it almost impossible for the tenant to claim non-receipt to defeat your possession process.
                        I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

                        Comment


                          #13
                          Thanks, Moneysee. That's a relief.

                          Comment


                            #14
                            Oops, sorry, Monkeysee, for missing the 'k' out of your name.

                            Comment


                              #15
                              Date on a Section 21 Notice

                              I am about to complete a Section 21(4)a Notice and would appreciate your telling me whether or not I have got the date of required possession right. The tenancy agreement was signed and started on 11/8/10 and the rent is due on 11th of each month. I think that on the LandlordZONE Section 21(4)a form, the 'Date of expiry of this notice' needs to be the 10th of the month, of course giving at least two months notice. Is that correct? Thanks.

                              Comment

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