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jhewitt
13-03-2008, 19:02 PM
Hi everyone

I need to pick your brains again. We issued a S21 to a DSS tenant who have not paid part of her rent for 2 months (part of her rent is paid by Housing benefit office). After the date on S21, what procedure do we follow? What do we do if she do not move out?

She is claiming that we cannot ask her to leave because she have 2 children.

Please help.
Thanks
Jay

Colincbayley
13-03-2008, 19:30 PM
She is claiming that we cannot ask her to leave because she have 2 children.


She can have 2 children, 3 goats and a cornbeef sandwich if she likes! None of which makes any difference.

If you have issued a correct notice ( got your dates right etc ) and the notice period has run it's course, then go to www.pcol.gov.uk which will give you all the details you need to obtain a possession order.

Once the order is obtained, if she still doesn't leave then you will need to appoint the bailiffs.

Good luck, and come back to the forum if you get stuck or need any more help.

jhewitt
13-03-2008, 20:32 PM
Hi Colincbayley

Thanks for the advice, but the website is not working. Has it changed recently?

Regards
Jay

PaulF
13-03-2008, 21:04 PM
It's www.hmcourts-service.gov.uk/onlineservices/pcol/

Mind you all you have to do is put the information into Google to get it out!

You have to try and help yourself now and again!

vik2001
13-03-2008, 21:17 PM
when u are going via the courts with the website route, do u still need to organise yrself solictors etc when getting the possesion order. im not sure how it goes... whats the procedure exactly, can u do all this yrself, or is it best to get a company like landlord action to deal with it for u....

also on the website pcol i was checking it out earlier, it states you can use it for "possession claim for residential property by - a landlord against a tenant, solely on the ground of arrears of rent (but not a claim for forfeiture of a lease); or a mortgagee against a mortgagor, solely on the ground of default in the payment of sums due under a mortgage."

it says solely on the grounds of arrears of rent. a section 21 may not be due to arrears of rent(maybe you just want the house back from good tenants), so does this website route apply for a sec.21 or just a sec.8?