S21 expires tomorrow - what do I do

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    #16
    S21 expires tomorrow - what do I do

    Morning all. I posted on here a few months ago because I cocked up my S21(4)(a). I reissued it as you advised me and it expires tomorrow.

    My tenant has gone to sleep and refuses to answer any letters, phone calls or texts. I have just driven past my property and there is no sign of her moving out (curtains and stuff still hanging in windows). Not to mention a boyfriend not known to me sitting in the lounge.

    My question is what do I do tomorrow. I wrote to her advising I would be there at midday tomorrow, I have a feeling she won't be there. Do I let myself in?

    Also, she is on housing benefit which gets paid directly to me, which is paid up to the 24/11, the Housing Office have not been informed she is leaving. Do I inform them to stop payments, can I accept payments if I'm taking eviction steps?

    I admire and respect the years of knowledge on this forum, so would really appreciate some words of wisdom!

    Thank you.

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      #17
      Has she given you notice that she is leaving tomorrow?

      If she hasn't, then she has until midnight to leave.

      If she is still there on the 9th, then you apply to the courts for a possesion order.

      Your tenant still owes you rent for every second she lives in the property.

      Did your S21 say it expired "On 8th Dec" or "After 8th Dec"?
      Last edited by Mrs Mug; 07-12-2014, 12:37 PM. Reason: More questions.

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        #18
        If she is still there on the 9th, then you apply to the courts for a possesion order.

        You CAN NOT enter, nor change the locks, nor contact the Housing Office, as so long as your tenant is in your property, she has to pay rent, and you don't want to tell the Housing Office not to pay the rent ! ! !

        To get your tenant out, after the date stipulated on the S21, if still there, is to apply to the courts for eviction via the grounds as per the S21.
        Not until the tenant advises they have left, and does so, can you enter willy nilly, you must get a court order to evict the tenants if they stay and refuse to leave.
        If on housing benefits, the Housing Office WILL incorrectly tell the tenant to sit there till they are evicted by you bailifs ( this comes after you get a court order to evict your tenants.)

        From memory, the tenant can be charges your costs to get a court order and the bailifs costs, which you can tell the tenants that this may be £ 700 + which they will have to pay if they don't leave of their own free will.

        Comment


          #19
          Thank you for clarifying matters.

          It's no good threatening her with costs, she's one of these darling single mothers that goes around running up debts with us unsuspecting landlords with no means to pay them off. Even if I got a order against her, she'd probably pay it off 3p a week!! (spleen vented )

          Looks like I'm in for a bit of a fight.

          Comment


            #20
            It's very simple, if she is on housing benefits then she probably spoke with the local authority who told her they will only find her a new accommodation if she gets evicted, so they told her to stay put irrespective of what the s.21 notice says.

            So you need to start eviction proceedings asap and get her out through bailiffs. On the day when the bailiffs come knocking on her door (or if your arrears are more than £600 then I would rather go for High Court Enforcement Officers) then she will have to go back to the local authority who will put her into emergency accommodation and then try and find her a new place. The time between now and then will be saved money for the local authority (because you pay for her).

            Of course you won't see any of the money back from her for the eviction proceedings, unless she had a guarantor. Say thank you to the local authority (who deliberately f##k you over as a landlord) and never take on another housing benefit tenant without a guarantor - that'd be my two lessons learned from this.

            Comment


              #21
              No fight required, just a stamp.
              Court may or may not award £270 hearing costs against T, must be requested. Bailiff cannot be appointed until after you have Possession Order, so their fee ~£110 would be a later SCC claim.
              When T fails to discharge her debt, register the CCJ, so CCJ will appear on her credit record for 6 years, which most resp future LLs should detect, as should retailers who check when she applies for consumer credit eg for new mobile contract or latest 48" flat screen TV.

              If more LLs applied for hearing costs and registered the CCJ, it would help the other LLs, esp in cases where Councils advise T to 'sit tight.

              Comment


                #22
                Two related threads have been merged.
                I also post as Mars_Mug when not moderating

                Comment


                  #23
                  Originally posted by mariner View Post
                  No fight required, just a stamp.
                  Court may or may not award £270 hearing costs against T, must be requested. Bailiff cannot be appointed until after you have Possession Order, so their fee ~£110 would be a later SCC claim.
                  When T fails to discharge her debt, register the CCJ, so CCJ will appear on her credit record for 6 years, which most resp future LLs should detect, as should retailers who check when she applies for consumer credit eg for new mobile contract or latest 48" flat screen TV.

                  If more LLs applied for hearing costs and registered the CCJ, it would help the other LLs, esp in cases where Councils advise T to 'sit tight.
                  About a month ago, I looked into "registering a debt", and it is not as simple as members on here make out it is.
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

                  Comment


                    #24
                    I had a tenant leave me with unpaid rent and court costs which totalled around about £900 (that's without the damages, total re-decoration, clearing the garden of their dumped rubbish and cleaning costs that I didn't pursue!). Because these tenants proved to be 'unsavoury characters' I didn't pursue a CCJ because they know exactly where I live and what car I drive. I knew I'd wake up one morning with flat tyres and deep scratches in the bodywork :-(

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