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View Full Version : Help needed with bad tenants!



sally_baker
28-04-2008, 17:15 PM
Any help on this subject would be greatly appreciated as i am new to all this.

Heres my problem....I rented out my house for the first time to a family last year, they had a 12 month AST which then went onto a rolling tenancy a few months ago. About 3 months ago i decided to put my house on the market and told the tenants of my intentions although didn't put anything in writing (i wanted to find a buyer first) The tenants themselves then gave me 1 months notice in writing and expressed that they were very upset with having to move out (i had told them they could stay for the minimum of 2 years when they first came to me, which they said i had gone back on, but as this was just verbal im not sure that makes much difference)

They then stopped paying me any rent and said they needed to keep it for moving out and i should just take the money from their deposit! They are currently over 8 weeks in arrears and have now told me they are not moving out on the date THEY gave to me as the house they had lined up has fallen through. I not only want them out as soon as possible but i also want the money they owe me. They are on housing benefit so i have called the council and am now having the rent paid directly to me, but want to know what is the best and QUICKEST way of getting them out.

Because they have given me notice does this still mean i have to issue them the section 21 papers or can i just go straight ahead and go to court to get them out?

Thanks in advance, Sally

Colincbayley
28-04-2008, 17:18 PM
Two ways to evict a tenant. A section 21 or 8 notice.

If the tenants have two months rent unpaid, then the quickest way would be a S.8 notice using ground 8.
I would also issue the S.21 as well just as a back up.

sally_baker
28-04-2008, 17:36 PM
so how long will the section 8 take before they are made to leave? and do i still need to issue notice even though they gave me notice originally then went back on it?

Colincbayley
28-04-2008, 17:41 PM
so how long will the section 8 take before they are made to leave? and do i still need to issue notice even though they gave me notice originally then went back on it?

With a S.8 notice using ground 8, you will need to give 14 days notice, then if/when the tenants do not move out you will have to apply to the courts for a possession order, if they still do not move out then it is baliff time!!

If your tenants gave you notice and have not moved out, you still need to follow the above and/or issue a S.21 notice.

The only way to get them out any quicker is with THEIR agreement! ( Sorry )

sally_baker
28-04-2008, 17:49 PM
right well i'll issue that tomorrow first thing. then hope they leave within the 14 days. If they dont how long does it normally take the courts to get them out?

is the section 8 quicker than using the section 21?

sorry for all the questions!

Colincbayley
28-04-2008, 17:55 PM
S.8 G.8 will be quicker than a S.21, but issue both as if they pay part of the rent between the issue of the S.8 and the court hearing then you will not be able to use it.

If it were me, I would get them on the phone or meet them at the property and come to some agreement ( don't push them into leaving as this could be harassment or unlawful eviction )
Just find out what their plans are, point out that if you have to go via the courts then they will be liable for the costs, Be nice and see if you can win them over. It will be a lot quicker and cheaper in the long run.

sally_baker
28-04-2008, 18:02 PM
i have tried being nice, and it seemed to work. But now they have gone back on their word and still havnt paid any rent i have lost all trust in them. Maybe they do just need a bit more time to find a house, but i will issue the s8 and s21 tomorrow just in case. They said though that if i take them to court they will bring up the fact that i didnt fix a leak in the house for 10months, which led to them incurring a very high water bill, the guy who was meant to be fixing it kept letting me down and for one reason or another it did take me 10months which was a lot longer than i would have wanted, will this go in their favor and against me? or is that just irrelevant?

Colincbayley
28-04-2008, 18:06 PM
10 months !!!!!!!! For a water leak. I would get yourself a new plumber. But this has no bearing on a S.8 or S.21 notice.

For a S.8 you need a reason ( i.e. 2 months rent unpaid )

S.21 is a no blame notice, you do not need a reason and as long as both notices are issued in the correct way ( dates etc ) and if there is 2 months rent unpaid ( S.8 G.8 ) on the day the notice is issued and the date of any court hearing, then you WILL get your possession order.

sally_baker
28-04-2008, 19:05 PM
Sorry last question ....

so if i issue the section 21 then i have to give them 2 months notice ending on the last rental day (so if they moved in on 9th jan '07 with a 12month agreement which then went onto a rolling one after 9th jan '08 then this would be june 8th?....is that right?)

even though they gave me a months notice then didnt move out on that date, using the s21 i would still need to give them 2 whole months notice?

And then with the section 8 i can use this and give them 14 days notice but if they was to then pay part of the rent and take it to under the 8 weeks that they owe this would get thrown out of court and i'd have to wait until they were in arrears again until i re-issued it?

House
28-04-2008, 19:19 PM
If they moved in on 9th Jan 2007 (am presuming rent is paid on 9th to) then it became a statutory periodic on 9th Jan 2008. Any section 21 4a should therefore expire on 8th of a month and state that you require possession after this date.

You should give the sec 21 4a even though the tenant gave notice as it's just easier this way! There are many arguements as to why you shouldn't have to and what you could have done but it's just not worth going into it!

I'm presuming that the rent is due monthly, if so the arrears need to be 2 months at service of notice AND at court hearing. If not a notice on purely 8 would not be successful. You would want to include grounds 10 and 11 in your notice but these are discretionary grounds and you may well lose.

At least you have the HB being paid to you and at least you have a deposit so I'd go down the 21 route.

DianeB
01-05-2008, 12:32 PM
S.8 G.8 will be quicker than a S.21, but issue both as if they pay part of the rent between the issue of the S.8 and the court hearing then you will not be able to use it.

If it were me, I would get them on the phone or meet them at the property and come to some agreement ( don't push them into leaving as this could be harassment or unlawful eviction )
Just find out what their plans are, point out that if you have to go via the courts then they will be liable for the costs, Be nice and see if you can win them over. It will be a lot quicker and cheaper in the long run.

Colin, why would S8 G8 be quicker then S21?

Colincbayley
01-05-2008, 12:40 PM
Colin, why would S8 G8 be quicker then S21?

'Where the landlord is seeking possession on grounds 3, 4, 8, 10 to 13, 14A, 15 or 17, court
proceedings cannot begin earlier than 2 weeks from the date this notice is served ( unless one of
1, 2, 5 to 7, 9 or 16 grounds is also specified in which case they cannot begin earlier than two
months from the date this notice is served).'

Section 21 needs two months notice.

DianeB
01-05-2008, 13:09 PM
Sorry Colin, having a blond moment there. I was thinking that the court process of getting them out was quicker - not the notice!