PDA

View Full Version : Evicting tenants in arrears; is s.8 or s.21 quicker?



ChinsUp
21-01-2009, 19:37 PM
Hello Guys,

Could you help me out with what steps I need to take to get rid of my tennants, this is a long story so here goes!

I rented my property out and the tennancy agreement ended on the 31st August 2008, I sent a section 21 well before the end of June by recorded delivery but the tenants failed to collect it from the post office. Therefore at the end of September it was returned to me, by this time I had renewed my contract at my rented property. Therefore, there was no new tennancy and the tennants started paying rent weekly, am I right to understand that once the tennancy agreement ends it lapses? So now that this section 21 was sent back to me I had to make another one. We made this and sent it well before the end of november, they received this. I gave them 2months but the date was not at the end of month. Although They failed to move when the s21 expired. They are also around £1500 in rent arrears. Could I now serve a s8 notice. Give them the 14 days.
What is the fastest way to get the tennants out of my property?

If you require any more info please ask?

Thanks.

jax2503
21-01-2009, 19:38 PM
Hi Chinsup,

where abouts is the property?

Jax

mind the gap
21-01-2009, 19:53 PM
Hello Guys,

Could you help me out with what steps I need to take to get rid of my tennants, this is a long story so here goes!

I rented my property out and the tennancy agreement ended on the 31st August 2008, I sent a section 21 well before the end of June by recorded delivery but the tenants failed to collect it from the post office. Therefore at the end of September it was returned to me, by this time I had renewed my contract at my rented property. Therefore, there was no new tennancy and the tennants started paying rent weekly, am I right to understand that once the tennancy agreement ends it lapses? So now that this section 21 was sent back to me I had to make another one. We made this and sent it well before the end of november, they received this. I gave them 2months but the date was not at the end of month. Although They failed to move when the s21 expired. They are also around £1500 in rent arrears. Could I now serve a s8 notice. Give them the 14 days.
What is the fastest way to get the tennants out of my property?

If you require any more info please ask?

Thanks.

How many weeks'/months' rent does this £1500 represent, please?

ChinsUp
21-01-2009, 20:07 PM
£1500, would be 2 months and 5 weeks.. Its actually around £1800. I say 2 months and 5 weeks as in august, the tenant changed to paying weekly.

P.Pilcher
21-01-2009, 20:47 PM
Sounds to me like you've got what are called professional tenants who, by instinct know how to stay in a property rent free for the maximum period. As their rental payments are over 2 months overdue, you should use section 8 to evict them as quickly as possible - unfortunately the law considers "quickly" to be what the rest of us considers very slowly. To serve the notice, pop two copies in the post using an ordinary stamp at two different post offices and get receipts of post from each office. Or you can hand deliver it - put it through the letterbox of the property in the presence of an independent witness and after two weeks you can commence court action. You are also recommended to serve a section 21 notice at the same time and in the same way so that if your tenant manages to frustrate your section 8 process, you can use the section 21 notice two months (ending on a rent day) after the notice has been served. The court process is simpler and the outcome thus more certain. Plenty of details on both processes elsewhere on this board.

P.P.

ChinsUp
22-01-2009, 18:05 PM
Okay, I know that my tennancy agreement is Periodic. Can I still issue a s8. I need to move back into the house that the tennants are in. I need it back asap. They say they have a council house waithing for repairs.

Can I go to the courts even though I may have got the dates wrong on the s21 sent in november. They still had 2 months. And I sent one in june which they didnt collect from the post office.

Does a s8 make the tennants pay up and leave? What happens if they pay up? I want them to pay and leave

Edit: Also, can I go to the small claims court now for rent arrears?

Thanks.

mind the gap
22-01-2009, 18:17 PM
Hi, Chinsup. here is some good advice about using the section 8 process to gain possession and try to get money owed, (from another thread on LLZ).

Now, this is what you need to do:

1) Issue a Section 8 immediately, making sure you have the wording, etc, right. Get expert help if necessary. It should have been first on your list of actions. Section 8 will guarantee you an accelerated possession, which is far quicker than the Section 21 Notice. Whatever you do, do not withdraw the Section 21 Notice though; that is your back-up, should the tenant get too clever and decide to settle all or part of the arrears to invalidate the Section 8 Notice. You need the arrears to be over a certain threshold to enforce Section 8 and that is why you maintain the Section 21 as back-up to guarantee eviction.

Now, from my personal experience, this would be the logical path to take:

1) Issue S8 and S21 Notices

2) At the expiry of the S8 Notice (S8 expires earlier), submit forms N5 and N119 to your local county court. State that you are also making a claim for money.

3) The court will notify all parties of a court date.

4) At the hearing, if the tenant is still in rent arrears by at least 8 weeks, 3 months, etc, you will be granted possession and your money claim granted. If they're not in arrears by the minimum required duration, then go through the S21 route.

5) If S8 is however still valid by the court date, the tenant being as stupid as ever, will typically refuse to vacate the property. You must then apply for a warrant of possession through the court. You will be notified of the bailiff visit date.

6) If the tenant failed to vacate the property, it's even more likely they will refuse to settle the payment awarded to you. Again, you have to apply to the court for this to be enforced. You can use the HM Moneyclaim online service. They will serve the tenant notice of the claim and he/she will be given a deadline to respond to the claim.

7) If the tenant fails to respond to the claim, usually because they've moved, you can request for a Judgment in Default. A Judgment in Default means a CCJ can eventually be entered against the tenant's name, unless they can provide valid reasons for the Judgment in Default to be set aside. Now, to apply for Judgement to be set aside by the court, the vermin must pop out of whatever hole he/she is hiding and hey presto, you and the court now have his new address details. If he/she fails to dispute the Judgement in Default, who cares? Press on for the CCJ to be entered against their name regardless and let them deal with that problem for the next 6 years.

Should they also respond to the online claim and the case is ruled in your favour, then they have to stick to the judgement ruling, i.e. full payment made to you by a specific date, payments made in installments, etc.

8) If they fail to abide by the ruling, then and only then can you apply for a Warrant of Execution, Attachment of Earnings, etc. If that also fails to get them to act responsibly, then it's CCJ Register time, Bankruptcy Order,..... you take your pick. This is where you hit 'em hard, the rogue tenants!

Yes, it's a long-winded system that can drive you mad, but just persevere. At the end of the day, if it's a crumb of comfort, whatever you spend in application fees etc, you make the tenant liable for that additional expense.

Good Luck and hope this helps. I am myself at Number 6 in dealing with my tenant and I can certainly see the end of the road in sight.


If you want to read the whole thread, this is the link :
http://www.landlordzone.co.uk/forums/showthread.php?t=15063