Evicting son

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Evicting son

    I may have mentioned this before, but my 32 year old son has an enduring mental illness for which he refuses to take medication, and for over 12 years we have supported and provided shelter for him, but we now have to sell the house in which he lives under an assured shorthold rental agreement, and have had to ask him to leave. His social worker and housing officer are standing by to offer him supported housing once he goes.

    Under legal advice we issued a Notice to Quit, the deadline of which passed on 24 June. We have asked a solicitor about next steps and he told us it will cost about £550 in total to get him to do the Court Order (his fees, plus court fees etc). However because this action will be for Possession only, not for rent arrears, he said it would be possible to do the whole thing by post and not involve the Court at all. I think he was also implying that it would therefore be cheaper too.

    Does anyone know about the process of a Court Order ? - is it something I can do myself without a solicitor ? - paying £165 per hour for a solicitor to do it seems excessive to say the least. What documents do I have to serve and what do I have to do?
    Premieji

    #2
    The process is indeed simple and many of us landlords here do it ourselves! Your solicitor is referring to the eviction process under section 21 of the landlord and tenant act, and provided that the "notice to quit" as you call it has been correctly served and you have given your son at least two months notice, you need to apply to your local county court using form N5B fill it up, enclose copies of the appropriate documents (you need three copies of everything, one for the court, one for your son (sent to him by the court) and one for you (sent out by the court). The judge will then consider your application in chambers and provided that you have got the paperwork right, a possession order will be forthcoming. This may be enough for the council to start rehoming your son, but if it isn't, you will need to apply to the court bailiffs to evict him. They will then write giving him date and time. This letter WILL make the council take action. This, fairly lengthy procedure is laughingly called the "accelerated process". It does not however cover rent arrears. If you need to take action to recover these, then a separate action in the small claims court will be required.
    There is a ton and seven eighths of information on the section 21 process on this board. Just browse away - or try the search engine!

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

    Comment


      #3
      Evicting Son

      Thank you PP - your reply was most helpful and may save me a small fortune!
      Premieji

      Comment

      Latest Activity

      Collapse

      • Reply to Estate agents letting fees
        by Harper62
        reply to: theartfullodger - the question relates to the agent's commission - the contracts are for one year or more and whether the agent should charge commission of a tenant stays longer than a year
        02-12-2021, 22:01 PM
      • Reply to Estate agents letting fees
        by Harper62
        reply to Andrew Dodd - I think you've misunderstood. As I mentioned the house has been let since 2006 - the agent finds the tenants and secures the rental amount, draws up the contract - it's a successful operation. My query related to the period the agent wants to charge commission on. That's what...
        02-12-2021, 21:57 PM
      • Reply to Estate agents letting fees
        by Hudson01
        I use an estate agent on a tenant find basis with no management but always interview each of the prospective tenants who pass the tests, i pay 1 months rent as their fee and that is it, if the tenancy lasts 1 year or 10 years i pay that one fee and that is it. Anything else i would not accept.
        02-12-2021, 21:36 PM
      • Reply to 5 Yr Residential tenancy agreement
        by landlord-man
        12 month AST

        Establish rapport with Tenants, do some. LL training and then sack the agent and keep more ££ yourself...
        02-12-2021, 20:43 PM
      • 5 Yr Residential tenancy agreement
        by Gurvinder
        Hi All

        We have a property which is managed by a letting agent
        He has found new Tennent's that want to lease it for 5 yrs. There is a large hospital near the property and the tenants are NHS workers.

        My questions are as below.

        1) I read somewhere a long...
        30-11-2021, 21:42 PM
      • Reply to Estate agents letting fees
        by theartfullodger
        So either do it yourself, no agent, or specify 6 months then rolling periodic.
        02-12-2021, 20:37 PM
      • Estate agents letting fees
        by Harper62
        Can I ask advice on this matter. I've had a property in London since 2006 which is rented. Whichever estate agent I use, they all want to charge a letting fee (let only not managed) on the whole term. Tenants often sign for more than a year and the estate agent is keen to charge a commission for each...
        02-12-2021, 19:00 PM
      • Reply to Estate agents letting fees
        by AndrewDod
        Why exactly do you want to use an agent for a Let only non-managed?

        The most critical bit of the process which you should be doing yourself (even for fully managed) you are devolving to others. Will end badly....
        02-12-2021, 20:22 PM
      • Reply to help / advice on letting
        by john19
        I really would be grateful if someone could please comment on my above post ;-

        1) Can you make an amendment to the existing tenancy agreement removing the estate agents as managing agents?

        2) if the estate agents will not amend the existing agreement and still say a new tenancy...
        02-12-2021, 20:17 PM
      • Am I going to have any issues with this s21?
        by Cotton
        for a s21 to be valid i need to give the tenant the gas certifcate, epc, eicr and the 'how to rent' guide before occupation

        Being a DSS tenant and not having access to their details prior to occupation, I emailed these documents to the council weeks before the tenant took occupancy at the...
        02-12-2021, 20:06 PM
      Working...
      X