Eviction Questions

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  • alexi
    replied
    Thanks for all the replies, another quick Q

    Is this form still valid http://www.landlordzone.co.uk/pdf/Section21Notice.pdf (the tenancy started in 2012) and do I need to include all the stuff at the bottom below 'Tenants and Landlords please note:' or is that info just for me? In the S21 I served in 2015 I stripped that part out but I'm wondering now if it has to be kept in since it mentions tenant advice to see a solicitor or CAB.

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  • jpkeates
    replied
    Good point - lazy of me.
    It's worth checking that the text hasn't beein included in the tenancy agreement as a just in case clause.

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  • MdeB
    replied
    Originally posted by jpkeates View Post
    I don't suppose this is your previous home and you served notice that you may repossess under ground 1 of section 8?
    Being a previous home does not appear to be necessary for ground 1; the conditions are linked by or, not and:
    Not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground or the court is of the opinion that it is just and equitable to dispense with the requirement of notice and (in either case)—
    (a)at some time before the beginning of the tenancy, the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them occupied the dwelling-house as his only or principal home; or

    (b)the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them requires the dwelling-house as his, his spouse’s or his civil partner's only or principal home and neither the landlord (or, in the case of joint landlords, any one of them) nor any other person who, as landlord, derived title under the landlord who gave the notice mentioned above acquired the reversion on the tenancy for money or money’s worth.

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  • Cleaver44
    replied
    As you are getting rent paid to you I'd be inclined not to offer them a financial incentive to move.
    Depends how much patience you have!

    My tenant is unemployed and receiving hb but didn't defend the s21 and possession was awarded without a hearing. The tenant has even offered to pay the court costs in instalments as I think the official document from court scared her.

    It has cost me a lot of money as I've used an eviction company but if you can do the paperwork yourself it shouldn't be too expensive.

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  • jpkeates
    replied
    Re 1 - you are asking the court to bring the tenancy to an end, and then for permission to use bailiffs to remove the occupants who no longer have a right to be there.
    They're two separate processes.
    While the tenant can probably say what they want, you only need to end the tenancy and if there's only one tenant on the tenancy agreement, you should only serve notice on them.
    If you serve notice on someone not on the tenancy agreement, you are raising the possibility that the tenancy agreement given to the court isn't the current agreement and there's one where the husband or children are named as tenants - which you don't want to happen.

    "Young" children can't be tenants.

    It is possible there won't be a hearing, but there's usually one, and, if there is, you want to be there.
    The housing department will tell the tenant to file a defence - however spurious - in case the combined forces of the judge and any legal representation available on the day can pick a hole in your s21 notice and other paperwork.
    You need to be there in case the tenant asserts something that isn't true, or there's a question the judge has.
    Worst case, you'll find out what was wrong with what you submitted to correct next time.
    The local authority are desperate not to add people to their housing lists (it's not fair on you, but you're not their problem) and any delay is worth it for them.
    The court would prefer not to make people homeless (and they won't consider your reasons either because they're not relevant to them).

    This process is likely to be long and can be stressful - in order to keep your sanity I would make no plans to actually move into the property until you have the possession from the bailiffs and have checked what needs to be done to make the place habitable.

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  • theartfullodger
    replied
    The court possession order names the named tenants and iirc "all other occupants"

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  • alexi
    replied
    Originally posted by jpkeates View Post
    1 - The notice should name everyone named on the tenancy agreement, as that's who you are retaking possession from.

    6 - Yes you want to be in court, and yes there'll be a hearing.

    I don't suppose this is your previous home and you served notice that you may repossess under ground 1 of section 8?
    Many thanks for detailed and rapid reply
    Your answer to 1 was as I thought, but I wondered about not mentioning all residents. I had this vision of the tenant saying in court "this paperwork only mentions me, but I have four kids, you can't throw us out", the the judge asking "why doesn't your claim mention the children? I'm going to entend the period before baliffs to give them more time"

    Your answer to 6 is a surprise, I thought I'd heard that cases where there were no arrears would more likely be processed without a hearing, no? Have I got that completely wrong, is there always a hearing? My fuzzy idea was a backroom processing of paperwork where it just gets stamped as approved for possession.

    Regarding your last point. I've never lived there

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  • jpkeates
    replied
    1 - The notice should name everyone named on the tenancy agreement, as that's who you are retaking possession from.
    2 - Yes, it's worth asking for the tenant's to pay the fee (even if recovering it isn't likely), this is part of the flaw in their following the council's advice - they probably don't realise that they will be responsible for your costs and paying for the bailiffs.
    3 - The rough time frame varies locally. If you rely on your previous AST, you'll need no further notice period, the hearing is likely to be 6-8 weeks away, and bailiffs can take several months after that. Bailiffs were £110 (may have changed recently).
    4 - It's worth it, but they're unlikely to take a low offer - they'd still be open to the accusation of making themselves deliberately homeless (see below).
    5 - I'd try with the notice from 2 years ago, it should still be valid if it was then and will save two months. If you do serve a new one, it won't invalidate the old one.
    6 - Yes you want to be in court, and yes there'll be a hearing.

    Part of your issue is going to be that they're asking the wrong question of the housing department. The advice about not making yourself deliberately homeless is more aimed at emergency accommodation - which the tenant's almost certainly don't want to get involved in. Most council house waiting lists are years long (even if the tenants have children).
    They should be asking the council how long are they likely to be in emergency accommodation before a property is likely to be available - once they've recovered from the shock, they might prefer to find some other private let to live in - even if that takes a few month's it's likely to be quicker than repossession.

    I don't suppose this is your previous home and you served notice that you may repossess under ground 1 of section 8?

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  • alexi
    started a topic Eviction Questions

    Eviction Questions

    Hi forum

    I have some tenants I want to leave because I'm going to move in myself. Their rent is paid direct by LHA and I'm pretty sure they will ignore a Section21 and wait for the bailiffs - I did actually give them a S21 a couple years ago when I wanted to move in, but gave up the process when they resisted leaving saying 'the council told them not to make themselves intentionally homeless and to wait for police escorted bailiffs before leaving'.

    It's a family living there (mum, dad and four young kids) but the AST (rolling since from 2012) only mentions the mother and the rent is paid based on a claim she makes - that's to say when the council pays me they only mention her. However a couple years ago the council said landlords in my area needed to be licensed and I had to name all residents even the kids on their docs. I did not issue a new AST. There are no rent arrears as I get paid direct from the council every fourth week.

    On the Civil Claims site it asks to name the defendants:
    Your tenants are known as defendants in this case.

    How many defendants are there?
    All defendants should be named on the tenancy agreement.


    Q1:Should I just name the mother? I assume so but I don't want to make a rookie error and delay things

    The Civil Claims site also asks:
    Do you want to ask the defendant to pay the cost of this claim?

    Q2: Is it worth asking for this? The tenants will say they have no money. I'd obviously like to get the £355 back but will that actually delay the process?

    Q:3 Assuming they ignore the court order, how much do bailiffs cost and what's the rough timeframe?

    Q4: I don't know how much this eviction will cost in total, but is it ever worth offering the cash to the tenant to leave? I don't want to do anything considered as harassment but if it's going to cost £x anyway and take months, it crossed my mind to offer it to the tenant to leave without a fight?

    Q5: I believe the s21 I issued (she signed it to acknowledge receipt) in 2015 would still be legal, but is it better to issue a new one, does that revoke the old one in a negative way.

    Q6: The form also asks if I want to be in court if there is a hearing. Any opinion on Yes or No? I'm hoping no hearing will be required, if I say Yes is it more likely I'll be called (this also goes back to Q2, will a hearing be more likely if I ask for the defendant to pay the Claim)

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