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
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
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