PDA

View Full Version : Can I evict tenant- three months' arrears?



BLH
04-08-2008, 14:04 PM
I previously got advice from Jeffrey(solicitor) that due to the fact my tennant lied to me @ the begginning of our tennancy agreement, that after two months of non payment I would be able to evict her.

Well it has just been the third month in a row now and I would like to go around this evening and evict her. I have contacted the council and explained to them that she lied and told me she was employed at the begginning of the agreement, and I was just wondering if there was anything specific I would need to adhere too in order to get her to leave immediately.

Pls help.
BLH

Lawcruncher
04-08-2008, 14:08 PM
WOAH!

You need a court order to evict a tenant. If you try to evict her without you will be committing a criminal offence.

housed
04-08-2008, 14:13 PM
Hrm I doubt that what you have said is exactly what Jeffrey would have advised you.

I imagine he stated that with 2 months rent unpaid you could use ground 8, 10 and 11 before that you could use 10, 11. 8 is a mandatory ground for possession.

You can't just go round to her house and evict her. You need a court to grant a possession order and then a court bailiff to evict her. Doing anything else may lead to you comitting a criminal offense.

You should have served a notice as soon as she had 2 months rent unpaid.

I'm trying to keep the advice simple as it seems you don't know much about possession proceedings. This is not a criticism Mr Moderator.

jeffrey
04-08-2008, 14:14 PM
WOAH!

You need a court order to evict a tenant. If you try to evict her without you will be committing a criminal offence.
Yes.
BLH: you can serve Notice under s.8 and cite ground 17 (false pretences) but that's it until the Notice period expires and you apply to Court.

BLH
04-08-2008, 15:29 PM
Granted, I didn't state what Jeffrey said to me verbatim, due partly to time constraints & keeping the query succinct, but I was under the overall impression that although it is a lengthy process to evict someone from your premises in the United Kingdom, but if the entire agreement had taken place on false pretence, (i.e. she lied to me about being a council tenant on benefits and told me that she was gainfully employed)

Only after she defaulted on the second months rent did she then admit to me that she had lied. (first month she paid in advance)
She mentioned that her change of address would be completed before the third months rent was due and that the council would pay me back rent for all her arrears.

As predicted she then never paid for the third month either, but low and behold halfway through the third month she paid the previous two months that were outstanding. she also mentioned that going forward the council would be paying me directly. That fourth months rent was due last Friday.

I have repeatedly tried to contact her but to no avail and her phone has been constantly off since about Wednesday of last week.

I contacted the council to double check what was going on and they informed me that she had been given all the relevant monies required to satisfy her rental obligations to myself. all the monetary values they provided me references for, would have been sufficient to cover her, only thing was that she lied and had asked them to continue to pay them to her bank account.

since she is living alone and in my two bedroom, two bathroom property, and seeing as though the council is footing the bill, (well supposedly anyway) you might also find it strange that she has blatantly tried to sub let the other room in order to supplement her income, which if I am not mistaken is also highly illegal.

where do I go from here, I highlighted all of these concerns to the council this afternoon before consulting the oracle that is this forum, and all they could say to me was that this young lady knows how to work the system, and has had complaints about her in the past. They are powerless to stop her because she never lets her arrears go past the 8 week mark, which is when they (the council) can step in and physically pay me directly.

Am I doomed to a life of being messed around until my six month break clause arises?????

Please - any help or advise would be most welcome and greatly appreciated.

Extremely concerned!
BLH.

jeffrey
04-08-2008, 15:35 PM
Serve s.8 Notice on grounds 10, 11, and 17. These are all discretionary, I fear, but you might strike luchy and obtain a Possession Order.

P.Pilcher
04-08-2008, 15:55 PM
You are more likely to succeed in your application for a possession order on these grounds if you engage a legal professional to act for you and represent you at the court hearing. I know that it isn't cheap, but how much do you stand to loose if the tenant manages to convince the judge that they are whiter than white? If you follow this route make sure that you use a solicitor (such as our Jeffrey) who is well versed in landlord tenant law. Not all are.
If the court is not in Jeffrey's area then he can appoint an agent to act on his behalf and represent you in court.

P.P.

jeffrey
04-08-2008, 16:00 PM
1. Thank you for plaudits!
But:
2. I don't handle litigation work here.
Nevertheless:
3. Claimant L in person may come up against a legally-represented defendant T and lose on technicalities which L's solicitor would have spotted and avoided.