Section 21 date passed- now what?

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    Section 21 date passed- now what?

    Hi guys just looking for some advice/confirmation of my next steps, any help will be much appreciated.

    Facts - tenant owes 4 months rent, AST has surpassed so on rolling contract, 2 months s21 served in Feb for April (2 days after date in Feb), 2 tenants with a child and baby on the way. Complaints of property were made hence its got to 4 months.

    So the story goes as this, tenant stayed for 6 months happy paying rent up to end of last year. Towards end of 6 month tenancy complaints made of 2 utility items and damp (property furnished), no messing around within 2 weeks had 2 brand new items delivered and installed, after a few quotes had air vent put in, humidifier sent and small area treated and painted (though the specialist said that the cause of the damp was self made by poor ventilation but air vent in bathroom would help). Advised tenant nobody advises to stop paying rent but he claims thats what shelter England suggested....B***ox but what can you do! Made excuses of the damp maybe coming back (this was in Jan) and would wait until its rid of until rent would be given to me, another couple of weeks and claim that its not quite right but unwilling to send photos of troubled area, even accused me of knowing the guy and not doing the work when I lived in the property!!

    Anyways couple weeks later I submit a section 21, send one by email and one delivered by my cousin to the property. (*I have text confirming he received it so my first question is could I use that in court as confirmation?) The date has elapsed and he does not want to move out because the council have told him that he would be volunteering himself as homeless(which is a joke and just encourages people not to better themselves by renting out a property) and may not get rehoused, he is now due to have another child in few months and said he will get back on track with rent next month and kindly left the decision in my hands.... Child part important as after personally speaking to housing benefits they said they would "not" advise to stay there but claimed as I should be aware the s21 is worth nothing and they would just stay there until they had to leave (which pissed me off mainly because its true and beyond a joke)

    With how rent has gone I don't expect to see him pay, just want to get people's opinion, best to go possession order in normal time scale and small claims for rent arrears (less than 5k) or go accelerated and be done with the stress (but will that invalidate future claims for arrears)?

    I have had deposit in scheme since day 1, EPC is up to date, s21 delivered and have text from him to prove he received it (just worried if needed to send something via post with proof of receipt), he also accepted paperwork from cousin.

    Any advice or tips of who would give free advice that may be worth help from, or even someone professional others have used, but like I said I have already started the paperwork process. Also about what to do with the outstanding money from rent owing... I appreciate questions get repeated so apologise to regulars, just trying not to stress and looking for advice specific to my issues! Thanks

    #2
    Firstly make the tenant aware that they will not be rehoused if they do not pay the rent as they will be deemed intentionally homeless and back to square one!

    The days of jumping the council queue by getting evicted are gone. They will be given emergency housing on the day the bailiff arrives and this could well include a hostel or a move out if the area. They may also decide to only house the children which will mean social services involvement.

    Did the tenant make any complaint to the council? Your section 21 could be deemed as a revenge eviction and may be thrown out.

    If they were advised to withhold rent they will also have been told to have it available in a separate account and to report any repairs to the council, who could order them to be done If landlord is at fault.

    Comment


      #3
      Using the accelerated route won't rule out making a claim for all money owed (including the legal fees for the repossession and any bailiff costs).
      If the tenant has no money, the best you will be able to do is get a ccj registered against them.

      The council telling them to wait to be evicted probably haven't told them that they'll be liable for the legal fees.
      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


        #4
        Firstly I never heard from the council so don't think it would be deemed a revenge eviction. 3 weeks to get issues rectified over Xmas period would look favourable as I actively looked to resolve the issue.

        Do you think its best to go for normal possession order and small claims for money outstanding (doubt they have money so probably get nothing rent wise they may get ccj). Just concerned they will say they never got s21 as text may not be deemed sufficient evidence or my cousin dropping it off they will say my word against his (even though he accepted it fine and even said he knew it was coming!) Maybe go with someone to do it right.... Any recommendations for companies? I live 150 miles from the property so not ideal! Thanks again for advice

        Comment


          #5
          text messages are admissible in court, but make sure it CLEARLY states the confirmation.

          next time always do it recorded, and take a screen shot of the online signature. this tracking page will also tell you the time the letter was received.


          I have never done this procedure before, and checked this thread to learn more.

          Comment


            #6
            Originally posted by EU9k View Post
            text messages are admissible in court, but make sure it CLEARLY states the confirmation.

            next time always do it recorded, and take a screen shot of the online signature. this tracking page will also tell you the time the letter was received.


            I have never done this procedure before, and checked this thread to learn more.

            Do not use recorded delivery as the tenant may not sign for it!! First class and proof of postage every time.

            Comment


              #7
              Well its done now my question is will I be okay to proceed to possession order with email with text confirmation and a family member having dropped off a hand copy?

              Also submitting the possession order online with a £355 fee seems simple enough, any body been through the process able to tell me how difficult it will be or should I just hire someone? The costs are high as it is, I am confident, just want to know other peoples experience.

              As always thanks for opinions and advice

              Comment


                #8
                Just use the online form printer here: https://www.gov.uk/accelerated-possession-eviction

                However, beware of my problem in this thread: http://www.landlordzone.co.uk/forums...iculous-judges

                Comment


                  #9
                  Spot on cheers JKO, wish I had a good story like yours rather than just stress and no prostitutes

                  Comment

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