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View Full Version : Tenant expulsion as quickly and cheaply as possible?



sti5brigade
17-04-2006, 18:35 PM
Served a section 21 on tenants - 2 months notice as the contract had lapsed (by about 2 weeks)

I decided to serve notice as:

1. They persistantly paid late
2. Have housed pets in breach of contract
3. Caused damage to the property - with the pets and repainting areas in lurid colours, etc!
4. Used the property in an untenantlike manner - i.e. they seem to think that its funny to have loads of rubbish at the front and rear of the house, seem to use the garden as a store for car parts, the garden is in a right state and despite me providing brand new 'white goods' in their care they dont seem to last at all before 'something breaks'

The contract is with a suitable tenant, however the tenant sublet it to her daughter who it appears was claiming from the social - apparently the mother just sent a copy of the contract with her to the social (I'm amazed that the social accepted this!? - surely the daughter would have needed a direct contract with me?)
And I asked the person who I had a contract with at what point I should collect the keys to be told that they would not be leaving - the daughter has declared homeless

I'm thinking - hold on here - i dont have a contract with the daughter! - I have a contract with the mother so whats going on

I asked the council about this as to me this is trespass and they said that the daughter was in her rights as she's in the property!! - and that they told her to declare homeless - I said how could someone who shouldnt be in the house in the 1st place declare homeless on the advice of the Council

So I have just issued a section 8 notice on the mother (the one I have the contract with) and she stated that they were not going anywhere and that what I stated on the form (- I filled out the S8 in quite a lot of detail) would result in them now taking longer to leave because I stated my honest opinion and it was unlikely the council would now rehouse the daughter

So my obvious questions are:

1. Cant I just get the tenant evicted for unlawful possession? - tenant has illegally sublet the tenancy?
2. Or do I have to now go down the route of court proceedings? - and whats the difference between normal proceedings and accelerated proceedings - I just want these people out asap - I keep thinking of the film where Michael Keating destroys Melanie Griffiths house!!)

I know that the tenant/mother has lots of money and at the moment they are only the current months rent behind.

What route would people advise - I've seen it can cost circa £560 ish (form N5B is not the clearest for the lay person) to go down the next route - its not clear to me if I can reclaim the costs from the tenant - I should be able to? - I should also be able to claim the costs of the section 8.
Suppose my point is - if I actually do nothing then effectively they are staying rent free and I have to do something but I want to able to recover costs and get them out fast

Any comments appreciated for my odd situation

P.Pilcher
17-04-2006, 22:24 PM
Although you have stated plenty of valid reasons for getting rid of your tenant, you don't need one as it is your right to evict your tenant (and her daughter and anybody else occupying the property) for no reason at all on or after the expiry of the fixed term of their AST. As this had already expired before you issued the section 21 notice, the tenancy had become statutory periodic and thus I hope that you ended the necessary two months notice on the day before a rent day (the day in the month that rent is due). Once that notice period has expired you will have to obtain a possession order from your local county court by applying with form N5B. There is no hearing, the judge will consider the paperwork and if you have it correct, a possession order will be forthcoming. If you tenant and entourage still do not leave, then you will need to get the court bailiffs to enforce the order. This will all take in the region of two months after the notice period has expired. As there is no court hearing, it is laughingly called an accelerated possession!.
I suggest you use the search engine to check on the exact form of S21 notice you need as there are certain nit picking requirements to be followed if issuing such a notice once the tenancy has become statutory periodic.

A section 8 possession cannot be commenced unless the tenant is more than two months late with the rent and remains so at the time of the necessary court hearing.

A section 21 proceeding does not consider rent arrears. It will only require the tenant to pay your court costs. A separate proceeding in the small claims court to recover unpaid rent is needed.

P.P.

sti5brigade
18-04-2006, 22:21 PM
Thanks
Interesting
I gave them the 2 months notice at the point just before the rent due date as advised by my estate agents. Is this the same as a section 21? - I just gave them the required 2 months notice under a statutory periodic tenancy. Think I'm getting confused with a these 2 points (notice period and section 21) - I need to read the literature

The tenant stated that they would stay put until I issued a possession order -I also spoke to the Council who told me this was a section 8 order.
At that point I contacted Regency, or is it Regents and they issued the Section 8 notice (at the point of the section 8 the tenant owed me the March rent and then the April rent - they subsequently paid the March rent - apparently the council told them they would have to as the Council will not rehouse if the person receiving the benefit is 'behind on the rent')

So at the end of the 2 months I should have just gone for a N5B? - Regents should have told me that - according to the S8 the tenant has 14 working days to leave the property so I have to wait? - or should I just go straight ahead with the N5B process and then reclaim the costs from the person who is in breach of the contract

P.Pilcher
19-04-2006, 10:37 AM
As others have posted here, the only guaranteed way of obtaining the possession order the council require you to get is by using the S21 proceedure which you have done. This is because, under this section, a landlord does not have to give any reason for requiring his property back which can be argued in court. No hearing is necessary and provided the paperwork has been correctly issued the judge should issue the necessary order. A tenant can appeal this, but the judge can only grant a brief delay based on hardship. You should therefore apply to the court on form N5B for the possession order. Although the section 8 only needs 2 weeks notice before court action can be commenced and will also provide an order for the tenant to pay the outstanding rent, the tenant must be two or more months in arrears on the day of the court hearing. (Court hearing required, therefore use form N5 to commence court action.) If a tenant makes a payment to bring their arrears below the two months figure at or immediately before the hearing, the action will fail and you have to start all over again.

I have had this problem in the past and the judge himself advised me to use the S21 method. Fortunately I had already served the S21 notice and two weeks later the same judge was approving my paperwork and granting my possession order!

P.P.