Removing Tenant Online or Paper version

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    Removing Tenant Online or Paper version

    Evening all, I would grately appreciate your help in regards to evicting my tenant.

    I currently have a tenant that is in 3 months rent arrears. We served her with the S21 notice 2 months before the end of the fixed term (ends this week) as we decided to sell the property. At the time the tenant was just under 2 months arrears as bits were paid. The tenant often paid late by a week or so, which was not too much of a pain at the time.

    [[Tenant has had the how to rent guide, the EPC, Gas safety, confirmation of the deposit etc.]]

    Since the notice the tenant then went over 2 months in rent arrears and we served her with a S8 notice for late payments and 2 months rent arrears.

    I was told the reason for none payment is that the tenant lost their job and was therefore going on benefits. On that basis we did not seek possession under S8 which technically allowed us to get possession last month.

    I was clearly a fool as the tenant has pain only £100.00 to the rent arrears since and there are weekly excuses for why apparently no benefits are coming through and why they cannot pay. There were also suggestions of gaining employment that never materialized.

    The tenancy ends this week, the tenant owes over £1700.00 in rent. (rent is just over £600 a month)

    The tenant asked the Council for housing, the Council contacted myself. I told them the truth (not going to lie to the Council) that the S21 came first as I was going to sell the property. Rent arrears came later. However apparently the Council feel that the tenant is making themselves intentionally homeless and therefore will not assist. The tenant is telling me that they have no choice but to stay until evicted through Court (So more losses that will never be recovered).

    My question is:

    Can I use the online method for making a claim for possession for rent arrears now, even though the tenancy is ending this week (tenant has informed me they wont be leaving) Or do I need to use the paper form?

    In addition, am I:

    (1) better off waiting until the tenancy ends and then using S21 to evict with unpaid rent as my backup under S8 via the paper form and asking for possession

    OR Should I

    (2) get the application off now for rent arrears?

    If I chose option 2 will I still be able to get possession if the tenant continues to stay after the end of the tenancy?

    Might sound liek a dumb question but what I don't want to do is do the process wrong and the tenant gets to carry on living in my property rent free on a technicality (i say free because I doubt I will ever get a penny through Judgement).

    Side note: The online system is very confiusing it says it:

    "It includes a possession claim for residential property by - a landlord against a tenant, solely on the ground of arrears of rent.....

    It does not include a claim for any other remedy except for payment of arrears of rent or money due under a mortgage, interest and costs."

    This second bit makes me think I can not get possession which carnt be right since the first sentance says that I can...

    Background information:


    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?

    AST

    Q3 – What date did current TA start dd/mm/yy?

    Started 18/06/2016

    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)?

    Fixed date each month.

    Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)?

    Tenancy deposit scheme was fully complied with.

    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).

    The section 21 notice was sent on the: 18th October 2016

    The Section 8 notice was sent on the: 8th November with notice that proceedings would be issued after the 22nd November

    Q8 – Does the landlord live in the same property as the tenant?

    No

    #2
    As you have already issued a section 21 that is nearing the notice date I would stick with section 21 no fault eviction.

    If you use the section 8 they may receive some housing benefit or miraculously reduce arrears below 2 month.

    You will have to apply for a ccj seperately to cover your losses but your not likely to see that money again regardless

    Try reasoning with the tenant that they have already been refused help by housing dept and the best they will offer after eviction if anything is emergency accommodation in a hostel.

    They are gaining nothing by waiting for bailiffs. Stress the importance of a decent reference in them being able to secure further private rental as that will be their only option unless they want to live in a slum!. Advise them they are liable for All court costs and that you will pursue your losses via bailiffs in any property they live at in future

    I don't think tenants realise that eviction is not just a piece of paper and a passport to a council house

    Contact housing benefit and ask if tenant is receiving benefit. As they are more than two month in arrears you are entitled to have it paid direct to you and may help with some of your losses.

    Finally I would offer them a cash incentive to leave quickly. Although it's morally wrong , you will be waiting months for the court process and If tenant accepts your offer you can relet quicker and recoup some losses

    Comment


      #3
      If you think this tenant may work again in the future its worth suing for the rent arrears in my view as you would get a ccj against them and may get paid eventually. I think you can do it now via mcol, but i have no experience of this myself

      Comment

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