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cam001
08-03-2010, 22:44 PM
I am trying to figure out what to do about a non paying tenant that is about 3 months behind with non payment of rent.

I had taken a deposit but agreeing to amend the tenancy agreement as within 14 days the tenant informed me they could not pay the next months rent as he was self employed. I agreed to use the deposit as the rent for the next month and did not put into a DPS. I have signed an letter to amend the tenancy to this effect.

After this however, I still have had continuous problems with late or non payment to date and the tenant is now about 3 months behind with rent. I am trying to fill out a section 8 notice but I need some guidance on this pls.

1. What should I do about the DPS and no deposit? if I am likely to have this count against me, then I can put it in the DPS now.
2. Can anyone advise or provide link to how to fill the form out including grounds etc.
3. If I post up what I have done, can anyone check this over?

This is extremely stressful as I do not let out and this is the first time this has happened to me.

The tenant is claiming he has done work on the property (decoration) and wants payment for it... although in the tenancy agreement, he was supposed to inform me of any problems and did not and was at least supposed to get written agreement from me about this, which he did not do either.

I believe this is a ploy as the tenant seems to know exactly what he is doing and seems to be a planned defence. Is this likely to stand up in court?

BTW, the tenant has already told me I cannot do anything to remove him from my property and has said he will not pay a single penny to me.

Any help to evict the tenant from hell would be greatly appreciated.

bsx043
09-03-2010, 09:13 AM
I have personally found the following information very useful, but I not a legal expert so cannot advise on the best course of action. I'm not sure that s21 can be issued in your case without deposit protection.


this is the link :
http://www.landlordzone.co.uk/forums...ad.php?t=15063

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...ad.php?t=15063

havensRus
09-03-2010, 10:19 AM
1. What should I do about the DPS and no deposit? if I am likely to have this count against me, then I can put it in the DPS now.


I believe this is a ploy as the tenant seems to know exactly what he is doing and seems to be a planned defence. Is this likely to stand up in court?

BTW, the tenant has already told me I cannot do anything to remove him from my property and has said he will not pay a single penny to me.

Any help to evict the tenant from hell would be greatly appreciated.

Sorry to hear of your troubles. You have a "professional tenant" on your hands, so you need to tread carefully and do things by the book. bsx043 has given a good summary....

1. Put the deposit in the DPS immediately. Never ever agree to use deposit in lieu of rent.

2. After you've registered the deposit, issue a Section 21. See this Serving S21 (http://www.landlordzone.co.uk/section-21-notices.htm) guide. Make sure you issue the correct one depending on whether the tenancy is still in the fixed term or has become periodic. Its probably still in the fixed term, so use S21(1)(b)

3. Issue a Section 8 notice on grounds 8, 10, 11. Again see the Serving S8 (http://www.landlordzone.co.uk/pdf/servingS8.pdf#search=%22section%208%22) guide. The deposit does not come into play with a S8 notice, only for S21.

Issue both S21 and S8. You can start court proceedings on S8 once the 2 weeks notice expires. Your tenant will try to claim disrepair etc. as he has already started to indicate, and may drag matters. If that happens, the S21 is your fall back, fool proof way to get your property back as there is no defence against that, provided you serve notices correctly.

Good luck.

cam001
09-03-2010, 15:27 PM
Thanks so much for the helpful advice.

I am alittle unsure about the procedure of s21/s8 as seems it can be thrown out if not 100%.

I will try to concentrate on this and post back with an update shortly.

cam001
09-03-2010, 15:31 PM
Hi Bsx043, sorry I cannot seem to get to that link... I get a http error, please can you confirm it is working?

thanks.

jeffrey
09-03-2010, 16:04 PM
Try this version: http://www.landlordzone.co.uk/forums/showthread.php?t=15063

bsx043
09-03-2010, 20:39 PM
My post here aided by havenRus should help you fill S.8 Notice
http://www.landlordzone.co.uk/forums/showthread.php?t=26732

Additional information on actions to take regarding rent arrears and a template for filling S.8 which I found useful is here
http://www.riky.co.uk/more_info.asp?current_id=206&gclid=CLeu_e_ArKACFc9k4wodUDsnqw

Google "Section 8 Notice in Word" and you will be able to download .doc file and type in the details yourself. It is good learning by doing experience.

Good luck.

cam001
10-03-2010, 12:21 PM
hello All,

When I started to experience problems I issued a Housing Act 1988, section 21 (1) notice... I suspect this is not valid, with other posts I have read.

My Q's are:

1. The tenancy was for 1 year, can I issue this type of notice so it comes into effect after the first 6 months?
2. The Deposit was used as rent (written confirmation) is this still valid? -i.e. should I be issuing something like 21 with any subsections?
3. if not valid, should I issue another one with the section 8 notice?


thanks for the advice members...

jeffrey
10-03-2010, 13:28 PM
1. The tenancy was for 1 year, can I issue this type of notice so it comes into effect after the first 6 months?
2. The Deposit was used as rent (written confirmation) is this still valid? -i.e. should I be issuing something like 21 with any subsections?
3. if not valid, should I issue another one with the section 8 notice?
1. No. L can serve s.21 Notice at any time after tenancy begins but it cannot produce an operative Possession Order applicable during the fixed term.
2. If the deposit was not protected but should have been, s.21 cannot be used at all.
3. If the deposit has now been protected, you can use s.21. You may be able to use s.8 too, if there are any grounds.