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thesaint
01-04-2010, 10:16 AM
Hi,

I hope someone on here can help me.
I am working at a letting agency, and the landlord of one of the properties we manage wants to evict some tenants due to rent arrears.

The tenants moved in sometime in 2006, but resigned a new tenancy starting the 1st March 2007. They are now on a periodic tenancy.
They owe approx £2300 of rent, the rent is £550 per month. There is no deposit being held.

We have served a Section 8 notice, on grounds 8, 10 + 11.
I used the notes on landlord zone to help me with this:

"Period of notice required - Serving a Section 8 Notice - You must serve notice seeking possession of the property on the tenant before starting court proceedings. You need to give the following periods of notice:

Grounds 3, 4, 8, 10, 11, 12,13, 15 or 17 - at least 2 weeks
Grounds 1, 2, 5, 6, 7, 9 ad 16 - At least 2 months
For ground 14 - You can start proceedings as soon as you have served notice."

I gave 2 weeks notice for the expiry of the section 8, the expiry was 4th Feb 2010.

I am now filling in the court papers for the "Accelerated procedure", but in the "Notes for the claimant", (Part 7) it says that "The date on which the notice requires possession to be given must be at least two months after it was served".

The landlord just wants possesion of the property, and not necessarily wanting any arrears paid back.

I don't understand why I am getting conflicting information with regards to the notice required.

Also, the court papers state that the statement may not be signed by the claimants managing agent. Does this mean that the landlord could sign the paperwork, and we could attend any hearing that may arise on his behalf?

Edited to add:

Can we as a company use the MCOL service to submit claims on behalf of our landlords?

Thanks in advance.

Snorkerz
01-04-2010, 10:32 AM
You seem to be filling out the court paperwork for a s21. You need forms N5 & N119.

thesaint
01-04-2010, 11:40 AM
You seem to be filling out the court paperwork for a s21. You need forms N5 & N119.


It's the paperwork "N5B Claim for property(accelerated procedure)(assured shorthold tenancy)(04.06)"

I take it that we can't use the accelerated procedure then?

Snorkerz
01-04-2010, 12:07 PM
It's the paperwork "N5B Claim for property(accelerated procedure)(assured shorthold tenancy)(04.06)"

I take it that we can't use the accelerated procedure then?

That form is for a section 21 possession. There is no 'accelerated procedure' for s8 - it will be dependent on when the court has time available for a hearing.

thesaint
01-04-2010, 12:56 PM
That form is for a section 21 possession. There is no 'accelerated procedure' for s8 - it will be dependent on when the court has time available for a hearing.

Thanks.

Hopefully someone may be able to help with my other questions.

Snorkerz
02-04-2010, 12:02 PM
s8 can includes an order that rents etc due are paid - so no need for MCOL

Poppy35
02-04-2010, 15:58 PM
we always use PCOL and normally get an email reply within a few days and a court hearing within a month - its £50.00 cheaper to do on line as well.

Date for hearing in our area takes less than one month.

thesaint
12-04-2010, 11:38 AM
Thanks for the replies, and apologies for not checking my thread sooner. I do appreciate the time people are taking to help me out with this information.


s8 can includes an order that rents etc due are paid - so no need for MCOL

I'm not sure what you mean.
I understand that we could apply that rent due can be claimed, but I thought it took a lot longer to get to court?



we always use PCOL and normally get an email reply within a few days and a court hearing within a month - its £50.00 cheaper to do on line as well.

Date for hearing in our area takes less than one month.

What is PCOL?
When you say "We", do you mean on behalf of someone else(LL), or is it a royal "We"?

jeffrey
12-04-2010, 11:50 AM
MCOL=
Money
Claim
On
Line.

PCOL=
Possession
etc.

Snorkerz
12-04-2010, 12:04 PM
When you say "We", do you mean on behalf of someone else(LL), or is it a royal "We"?

Poppy35 is a letting agent "we" would be her firm.

PCOL is £50 cheaper for your client and achieves exactly the same effect.

MCOL would be no quicker at getting your rent than a s8 through PCOL - the judge will make the order for arrears etc at the possession hearing. How quickly you can enforce it depends on your tenants - but that is the same with MCOL.

Charles19
12-04-2010, 12:05 PM
It's the paperwork "N5B Claim for property(accelerated procedure)(assured shorthold tenancy)(04.06)"

I take it that we can't use the accelerated procedure then?

My strong belief is that Form N5b IS the 'Accelerated Possession Procedure' form. It does NOT allow for any recovery of rent though. That is separate. Form N5b is for possession (and possibly court costs) ONLY.

Use of this form is AFTER the S21 has been correctly served and after the T has refused to depart. And if its a Periodic tenancy now you need to serve a Section 21(4)(a) I believe.
Chas

Snorkerz
12-04-2010, 12:13 PM
My strong belief is that Form N5b IS the 'Accelerated Possession Procedure' form. It does NOT allow for any recovery of rent though. That is separate. Form N5b is for possession (and possibly court costs) ONLY.

Use of this form is AFTER the S21 has been correctly served and after the T has refused to depart. And if its a Periodic tenancy now you need to serve a Section 21(4)(a) I believe.
Chas

Letting Agent was trying to evict tenant under s8, but thought there was an 'accelerated' version of that. Obviously, as it involves waiting for court time to become available, there isn't.

teeps
12-04-2010, 12:47 PM
I think you need to have some training in letting procedures and possessions.Is there no one in your office with experience of this nature to help you?

thesaint
15-04-2010, 12:35 PM
I think you need to have some training in letting procedures and possessions.Is there no one in your office with experience of this nature to help you?

Hi,

The owner(He has is own properties, as well as managing properties for other landlords) has always just let it go if someone owes rent. He factors a loss of 8 weeks rent into his figures.

As we take on more landlords, they shouldn't have to put up with this, so I am trying to gain a bit more knowledge so that I can advise them on a better course of action.

I would say 80% of our tenants are in receipt of housing benefit, so they generally only run up 8 weeks of arrears.

I have really taken it on myself to try and chase payments, as I don't see why they should just get away with it all the time.

My boss is prepared to pay the court fees if I do the leg work.



Is anyone able to confirm whether we as an agency can submit the court claim online on behalf of a landlord?