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View Full Version : Rent arrears; which is quickest way for L to evict T?



longpo
10-03-2009, 20:31 PM
Thank you for looking, any advise will be appriciated.

There is a 12 months tenancy, started from july 2008, the tenant stop paying rent from the sixth month(non payment from Dec 2008) until now. section 21 had been served on the 17 Jan( experied 16 Mar), also section 8 served on 10th Feb. I have already applied possession order from court under section 8 route, court hearing date will be 17 April. the tenant said she would not leave, because she got no place to go, she lost her job in Nov 2008, she is looking for job, she is going to pay when she get new job( she has money).
but spoke to her yestoday, she said she doesn't want get court judgement, she will make some payment on the 27th Mar.(which I don't believe)

sorry for my limited English, hope it can be understanded.

My questions are:
1. what's the quickest way, I can let the tenant out, and what's the best way?
2.once we go to court on 17 April, will I 100% get the possession order? or I need to do the section 21 route as back up?(which will be 150 pounds extra cost)
3. does section 21 route need to wait for a court date( 6-8 weeks),or can be grant straight away from the court?

mind the gap
10-03-2009, 20:50 PM
Thank you for looking, any advise will be appriciated.

There is a 12 months tenancy, started from july 2008, the tenant stop paying rent from the sixth month(non payment from Dec 2008) until now. section 21 had been served on the 17 Jan( experied 16 Mar), also section 8 served on 10th Feb. I have already applied possession order from court under section 8 route, court hearing date will be 17 April. the tenant said she would not leave, because she got no place to go, she lost her job in Nov 2008, she is looking for job, she is going to pay when she get new job( she has money).
but spoke to her yestoday, she said she doesn't want get court judgement, she will make some payment on the 27th Mar.(which I don't believe)

sorry for my limited English, hope it can be understanded.

My questions are:
1. what's the quickest way, I can let the tenant out, and what's the best way?
2.once we go to court on 17 April, will I 100% get the possession order? or I need to do the section 21 route as back up?(which will be 150 pounds extra cost)
3. does section 21 route need to wait for a court date( 6-8 weeks),or can be grant straight away from the court?

1 & 2. At the hearing on 17th April, assuming the section 8 ground 8 was correctly served, you should be granted a possession order, unless T has reduced the rent arrears to less than 2 months. The court will set a date for possession and you can ask for bailiffs to attend.

3 Why are you serving a section 21, when the fixed term does not end until July 2009? Is there a break clause which allows you to serve it after 6 months or something?

longpo
10-03-2009, 21:05 PM
thank you very much for your help.

section 21 served, because in the fourth month and fifth month, the tenant did not pay her rent on time, delayed about 15 days, by the time I was starting worried about the tenant, on the tenancy agreement, we agreed that any party can end the agreement after 6 month by giving 2 months notice.so the section 21 served.

sorry, again if the tenant make a payment on 27th Mar, which may make the rent arrears short than 2 month, what does court nomally do? you said ,the court will give a date, how long will be?

thanks again.

longpo
14-04-2009, 18:40 PM
thank you for looking, last help needed.

my tenant paid 2000 pounds on the 7th April,(what I told them if they pay the this money I will stop the court case, but I am not going to do that, same as what they done to me before, they said they would do something but they didn't) on the 8th April they ask me why don't I stop the court case? I said to them unless they pay the rest the money in full and move out the property, I will not stop it. And they got ungry with me, they said to me, they not going to pay me any more money, they are ready for court, they will see what I can do at the court.

anyway, on the 17th, the court hearing date, they still own me more than 2 months rent.

Just would like to know what will happen in the court, and anything I need to know?

thaks very much for any information will be given.

jta
14-04-2009, 18:51 PM
If they still owe 2 months rent on the day of the court case you will be granted a possession order. It may still take a few weeks to get them out though.