Can I ask for a doctors note

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  • Berlingogirl
    replied
    You could do an inspection of the property and ask him what repairs need doing. If there are any that you are legally obliged to do then you will need to do them anyway. Then phone the council and tell them that your poor tenant is in arrears and you are going to have to evict him, can they possibly help him in any way? My local council won't house anyone who is making themselves intentionally homeless. So you could suggest that he might be deliberately making himself homeless to get a 'council' house.

    Then proceed with your eviction. Don't forget to start the money claim process by sending the appropriate letters in the appropriate way.

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  • theartfullodger
    replied
    Evict.End of.

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  • michael james
    replied
    Thanks for the responses. I was planning the section 21 notice as a more sure fire way to get rid of him. I was concerned that he may try to claim disrepair with the section 8, as he has already sent a letter claiming that the house would be in disrepair if it wasn't for him getting acquaintances to fix things (I have paid for all of these works as they are builders/decorators etc. by trade and I have negotiated directly with these people plus I have done many works on the house myself including replacing many hardware items, which I have reminded him of in response). I know the house is not in disrepair but did think it really needed a good clean when I last visited. I suspect he will claim disrepair although there is none but that the process of this being investigated will take some time and potentially be longer than the time required using a section 21. I worry he may go as far as actually creating issues and that I may then also have to pay for extra court costs etc. As he rents a room in a shared house the amount of arrears is £1500 (£300 pcm) so I am also concerned he could actually derail the section 8 by getting his arrears under control whereas, although I would like him to pay the money he owes, I still would like him to go without then having to also pay for a section 21 on top of a failed section 8. Also if he doesn't pay I have the CCJ option with the section 21, which I don't think applies with the section 8? Or is the process of investigating a disrepair claim actually very quick? And does that disrepair have to be serious to be considered? Am I reading one of the responses wrong above which suggests that 5 months arrears may mean this is not considered -but obviously 5 months in this case is not as much as for rent for a whole property?

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  • DPT57
    replied
    This guy took you for a ride in 2017 and he's still your tenant?!

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  • leaseholder64
    replied
    Without a criminal conviction or the current equivalent of an ASBO, I doubt that ASB would be considered, even if recent

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  • KeepTheFaith
    replied
    You don't need anything to support a s21. They give you repossession because you fill in the paperwork and follow the procedure correctly.

    Maybe the question you are thinking of is can you add the nuisance/anti social behaviour ground to the section 8 you have already issued? I would have thought no, you would have to serve another section 8 with the other grounds you want to add?

    As the ASB was a long time ago I wouldn't have thought it would help your section 8 case. Him having a hissy fit when you served the s8 last month isn't likely to have much impact neither as he will just say his reaction was due to the extenuating circumstances and shock of the eviction notice.

    If you are going to court on a ground 8 you should have plenty chance of getting it with 5 months rent arrears unless there are serious repair issues. But who knows how things may pan out. The Judge however may not have patience in hearing about issues from way back when that have no relevance to rent arrears if the section 8 is based on rent arrears grounds alone.

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  • KTC
    replied
    I would love to have you as my landlord. Five months in arrears and you still want to give the tenant at least another two months notices?

    Just go to court for possession on the basis of the section 8 notice already.

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  • michael james
    replied
    Hello, I am back with the continuing saga with the same tenant. He stopped paying the additional £50 to reduce arrears back in October 2018 and in fact has now not paid his rent since November, although when he missed November he promised to pay me all outstanding rent and arrears by the end of December, as he was expecting a large payment. He is currently at 5 months arrears.
    I issued him with another section 8 on 29th Dec giving him until 22 Jan to comply before court action. However I have not received any further money and when chased he offers elaborate excuses as to why his payment has been delayed and has asked for more time. His latest communication has said he will pay everything he owes by the end of this week but, having had so many excuses and delays (a number of which I suspect are downright lies), persistent late rent even when he was paying and evidence that he has lied about costs he has incurred and tried to claim back off me, I have had enough and will issue him with a section 21 this Saturday 9th Feb in person.
    I wondered if it was possible to bring in other grounds to strengthen my section 21 – in particular anti-social behaviour - as when I gave him the section 8 and we talked of his persistent late rent (even once giving me an excuse of saying he had seen a great holiday so he used his rent for that instead), he got very aggressive and was banging his hands together, screaming and shouting at me “saying you want the rent on this and that day”. I stayed calm and reminded him that he never keeps me informed if his rent is delayed, and yes, there is a rent due date, and that literally for 2 years now I’ve had to ask where his rent is every month.
    Also I have had complaints from 3 female tenants about him in the past (none of which are still renting from me) who felt threatened by him – 2 have complained about him entering their room without permission, not even knocking, to confront them. The third locked herself in a bathroom when he was being verbally aggressive towards her. On each of these occasions I have advised the other tenants that they should call the police and that I cannot do anything unless they do so. I have also talked with the tenant in question about each of these complaints as they arose, telling him that his behaviour was unacceptable and that I had advised the complainants to phone the police.
    My question is can I use these older examples to support my section 21 along with the aggressive behaviour I experienced just over a month ago? I still have emails and texts from the time in question. However the tenant moved into another room in Mar 2016 for which I issued him a new contract but the other incidents happened prior to this move on an older contract and I don’t know if this makes those examples invalid?
    Thank you

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  • michael james
    replied
    Thanks Hillsy for your replies. That is what I'll do wait and see. The section 8 has done its job and your right it will only take to weeks to bring another section 8 into play.

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  • Hillsy101
    replied
    You like him, he's paying up and you still want 'leverage' over him? He sounds like a stand up tenant paying whats owed so why rock the boat? A new s8 takes 2 weeks if push comes to shove.

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  • michael james
    replied
    I don't want him gone as he is making attempts to clear his arrears currently £900.00. It may take some time and he has been at this address for 6 years now but I still would like him to know that the section 8 still applies a form of leverage if you like. The section 8 allows me to proceed if he slips further into arrears. He rents a room in a shared house so this amounts to 3 months rent outstanding. Having evicted tenants before and issued CCJs and not seen a penny of monies owed I thought to agree an achievable amount each month £50 and try something different.

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  • Hillsy101
    replied
    How much in arrears? Is he catching up on balancing the books? If you'd followed through with court proceedings at the time he should be gone by now.

    Are you happy for him to continue making up the arrears? At least he's trying to make it up (better than my last tenants!)

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  • michael james
    replied
    Good evening, I issued a section 8 last February. The tenant has been paying off the arrears £50 a month whilst continuing to pay his rent. However the grounds for eviction still apply as he is still in arrears and pays rent persistently late. 12 months have past and my question is do I have to issue another section 8 or does the existing section 8 apply? Thank you.

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  • Berlingogirl
    replied
    Originally posted by mariner View Post
    If T is currently in Hospital, a 'concerned' LL may want to visit him in hospital.
    And you can hand him his S21 while you're there,

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  • mariner
    replied
    If T is currently in Hospital, a 'concerned' LL may want to visit him in hospital.

    Leave a comment:

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