Solicitor needed for repossession- tenant refuses to go

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    Solicitor needed for repossession- tenant refuses to go

    My tenant refuses to move. My agent has served a Notice to Quit at the required time but the date passed last week.
    I have to get a court order for repossession - this is probably what the tenant is waiting for as she can wave it in fromt of the council for rehoming.

    Is it advisable to employ a solicitor to do the court notice?
    Would it be a problem to do it myself and serve it? I don't need any more stress.

    How much are solicitor's fees likely to be?
    It appears that the tenant is using the bond as the last month's rent - is this legal? Thank you

    #2
    This question is regularly asked on the "zone" forums. There's enough info on this site to answer all your questions. Look at the index on the home page and start a search which will tell you what to do.

    A specialist (good) solicitor will charge between £800 & £900 minimum; if it's any less they are not likely to be up to scratch.

    Tenant shouldn't use deposit against last month's rent but if you don't have a clause in your AST to state that they can't then you could find they can. If your deposit is held within a tenancy deposit scheme then it might be different.

    Tenant is within their rights to force you to go to court. Sorry! That's the reality!

    It will take too long to explain all the options.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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      #3
      If you do it yourself £150 for the court fee and about £80 for balif if they still dont go and maybe locks smith fee as well.

      Comment


        #4
        Try reading through my thread - section 8, court, what next...?
        I am a complete novice but have managed to do it myself through the online system PCOL. It cost £100 to file the court action (think this is based on what you are claiming). We then went to court (5 minutes with judge) and got the possession order for the property. We have been lucky in that the possession order is up today and the tenant has been on the phone to say he is moving out tonight but if we needed to go to bailiffs you can also do this on the PCOL system. Hope this helps.

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          #5
          managed to do it myself
          ps with a lot of help off the kind people on this forum

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            #6
            Hi, I am in a similar position: the tenant has thrown out her boyfriend, had a baby and so given up work, and of course her rent defaulted since about May last year.

            The judge granted her two weeks before I could apply for a bailiff- those 2 weeks expired last Thursday, so I'll be down the courthouse first thing Monday morning.

            I want to know if I'm in the home straight now, or can the judge still grant this "person" and her 4 month old baby further rent-free accommodation at my expense as she still has got nowhere to go (as the council, who she was holding out for, have queried her ability to pay them, should they find her council housing due to her arrears with me...)? :confused

            Comment


              #7
              Originally posted by Essex View Post
              Hi, I am in a similar position: the tenant has thrown out her boyfriend, had a baby and so given up work, and of course her rent defaulted since about May last year.

              The judge granted her two weeks before I could apply for a bailiff- those 2 weeks expired last Thursday, so I'll be down the courthouse first thing Monday morning.

              I want to know if I'm in the home straight now, or can the judge still grant this "person" and her 4 month old baby further rent-free accommodation at my expense as she still has got nowhere to go (as the council, who she was holding out for, have queried her ability to pay them, should they find her council housing due to her arrears with me...)? :confused
              All you need to do is get the bailiffs to chuck her out, her stay of execution is now over!
              The council rehousing her is not your problem.

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                #8
                And sorry, you need a S21 (4) (a) notice. This is available to download free form this website under the agreements section.

                Good Luck.

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                  #9
                  Originally posted by Colincbayley View Post
                  And sorry, you need a S21 (4) (a) notice. This is available to download free form this website under the agreements section.

                  Good Luck.
                  Sorry posted on wrong thread!!

                  Comment


                    #10
                    slight rant...

                    ColinCBayley : I paid my £95 Bailiff's fee Monday, and this morning got a warrant order or something - basically, on April fool's day, April 1st, the bailiffs will be round to hopefully eject her.
                    How very nice of the judicial system to give her another month's free accomodation courtesy of me - another landlord fool

                    Does anyone know, if she now, still, even at this advanced stage of the proceedings, can go to the courts and claim extreme hardship to get a further period to stay in my property or can I count down the days to April 1st do you think?

                    Let's tot it up:

                    First you give her two months' notice of eviction, stating this, that, and the other clause of the housing act;

                    You wait a few weeks more, pay £150 or so to request and get a totally worthless Notice of Eviction from the judge after waiting for a hearing, at which point the very charitable judge very paternally offers the defaulter a further two weeks to get out;

                    At this point, if you cough up an additional £95, you can get your Possession Warrant (basically the date when the bailiffs will come to expel the tenant), but these guys are either in heavy demand or just in no rush - afterall, it's not their lost revenue or mortgage at stake.
                    So, as in my case, they may award the tenant an additional BONUS prize of four more weeks in your sunny property.

                    You gotta love the law don't ya?

                    Comment


                      #11
                      Originally posted by Essex View Post
                      You gotta love the law don't ya?
                      If you're a non-rent-paying tenant, yes!

                      Peter

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                        #12
                        If the council considers it has a duty to house your tenant, which they may well not do, he/she should have been helped before now. Guidance from government to LA's has changed in the last few years and the council should not be telling the tenant to wait until you take them to court. If they have seen the notice seeking possession and know the time is nearly up, they should be acting now.

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