Eviction process help please

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    Eviction process help please

    Dear All,

    I purchased a property with a tenant in situ (mother + 2 kids) in April 2016. I was provided with the previous landlords tenancy agreement which shows the rent as £650 PCM. I issued a new tenancy agreement with rent of £775 PCM which the tenant refused to sign. I then issued a section 21 eviction notice on 18th May, requesting that the tenant moves out by the end of July 2016.

    The tenant has just told me today (13th July) that she has not found another place and will not be moving out at the end of July. She has told me I will have to take her through the courts to get her out.

    Q. Was I legally allowed to issue the section 21 notice despite the fact I don't have a signed tenancy agreement with the tenant?

    Q. Given the circumstance, will I still be able to apply for the accelerated eviction process?

    Any valid help or advice greatly appreciated.

    Regards, Nick

    #2
    The previous tenancy was valid - as long as you served s48 & s3 notices then you will be able to proceed. Criminal offence if not served quick enough...

    Was there ever a deposit, even if not transferred to you?? If so & if you didn't protect it, probably s21 invalid.

    Tenant does not have to agree to any new tenancy or any changes they do not wish for. You can evict, if all paperwork correct. Why do you think your s21 is valid?
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      Thank you for the quick response theartfullodger.

      I issued a new tenancy agreement back in May (which the tenant did not sign) which included my address, would this constitute a section 48 notice?

      The previous landlords DPS scheme has been passed to me and the tenant was notified of that. Would cover the section 3?

      Would any of this stop me from opting for the accelerated process to evict the tenant?

      Thanks

      Comment


        #4
        I am on Skype: nikork900@hotmail.com

        Comment


          #5
          Please complete & paste http://www.landlordzone.co.uk/forums...ll-new-posters
          We don't do Skype, you sould try a PM at a push.

          What LL training/experience do yo have?

          Does not sound like you have given adequate s48 & s3 Norice to become T's LL

          Comment


            #6
            Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)?
            England
            Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only?
            STA with single mother who has two children.

            Q3 – What date did current TA start dd/mm/yy 01/06/16 the agreement is with her previous landlord. I purchased 30/03/2016. She refused to sign my tenancy agreement.
            Q4 – How long was initial fixed term (6/12/24 months / other)?6 months

            Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)?
            No
            Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)?
            £660 was paid. Not sure when but it has been changed to my name in the DPS.
            Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy).
            Section 21 notice was issued 18th May 2016, asking tenant to be out by end of July 2016.

            Q8 – Does the landlord live in the same property as the tenant? No.

            Comment


              #7
              Does the tenant have a copy of the tenancy agreement you asked her to sign in May?
              If the reason you want her out is for rent, then issue a Sec 13 just in case the Sec 21 isn't valid.
              Allow tenants to protect their own deposits. I want free money when they do it wrong

              Comment


                #8
                Thanks the saint, she does have a copy. The reason I want her out isn't the rent, but that could be a good suggestion anyway. I think seeking legal advice might be my only option. Could be costly but I need her out ASAP.

                Comment


                  #9
                  That's a big (15%) single hike in rent, unlikely to be approved in full by s13, even for London.
                  Apart from unsigned TA (which T can ignore), have you provided her with a Statutory 'address for Service of Notices or new bank account details for receipt of rent? Until you do she can withhold rent and you cannot seek s21 repo in Court, as tech you are not the LL yet.
                  If you want her out within days of purchase, why did you not require vendor to provide vacant possession on completion?
                  Mother with 2 children under 18, Judge is likely going to 'stay' any repo Order for up to 42 days.
                  Why did you even buy a property with a sitting T, given your app lack of LL & T Law Knowledge , or do some research before purchase?
                  Any investment can lose money, more so Rental properties. Harsh but true.

                  Comment


                    #10
                    It is unlikely you will have this tenant out soon IMHO.
                    It is also unlikely that your new contract is valid in any way. It wasn't signed and it has a significant rent increase plus the terms are not executed.
                    Since the Deregulation Act Oct 2015 no AST can end within its first 4months, so issuing a new TA agreement then a s21 in 2months wouldn't have solved your issue anyway. Probably you have the old contract live. So once you have things straight you'd be able to issue a valid s21.
                    As you 'inherited" the tenant from the previous landlord I think the usual rules apply to rent increase and should be according to the original contract eg notice to increase, in line with market average. Do you have a clause for rent increase in the original contract? If so, follow that procedure to increase the rent legally.
                    (It seems that the rent increase was to push the T out, if it goes to court, it probably won't be viewed in your favour.)
                    If you haven't provided T with s3 and s48, letters, clear notices, not as part of a contract that was not even signed, then I agree with mariner, you did not legally become her LL and rent wasn't even due.
                    I'd issue the notices ASAP. Issue the notice to increase rent. From delivery of s3 and s48 I'd expect rent payment.
                    Once done issue a s21.
                    What is the reason for you to seek repossession?
                    curious by nature

                    Comment


                      #11
                      There's no reason required to issue a s21 notice, so why it was done won't matter.

                      Without a s3/s48 notice, the s21 notice may still be valid (I'm not sure, but others believe so).

                      The proposed and unsigned agreement is irrelevant (and doesn't constitute notice of anything).

                      The original agreement continues, and the landlord should re-serve the PI if the information on that previously supplied is now incorrect (other than the landlord's name and address, which is covered by the s3/s48 notice).
                      It's best to reissue the PI anyway, even if there's technically no need.
                      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                      Comment


                        #12
                        Originally posted by jpkeates View Post
                        There's no reason required to issue a s21 notice, so why it was done won't matter..
                        I asked the reason for repossession, not the reason for s21
                        I did so as OP seem to have little knowledge of tenancies and there *may* be a mandatory ground for repossession.

                        How can a s21 be valid if the LL did not legally became a LL in absence of the prescribed information? Being owed rent and being a legal LL are not the same? If you have more info, will you please share?
                        curious by nature

                        Comment


                          #13
                          Originally posted by Abbescombe View Post
                          How can a s21 be valid if the LL did not legally became a LL in absence of the prescribed information? Being owed rent and being a legal LL are not the same? If you have more info, will you please share?
                          A s21 notice doesn't have to be served by the landlord, it can be served by an agent, but I am actually basically of the same opinion as you - I think the recipient needs to have some idea that the notice is valid - otherwise anyone could serve notice on a tenant.

                          However, other posters, who's views I respect, don't agree and I have not been able to find any evidence to indicate that not serving s48/s3 would automatically invalidate a s21 notice (or to indicate the opposite).
                          Last edited by jpkeates; 14-07-2016, 10:36 AM. Reason: accidentally deleted a sentence.
                          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                          Comment


                            #14
                            What does PI stand for?

                            Comment


                              #15
                              Sorry, jargon.

                              PI is Prescribed Information, a specific document that need to be given to a tenant when a deposit is protected.
                              You will be able to print it out from the web site of the protecting agency.
                              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                              Comment

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