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View Full Version : Evicting tenants in 10 weeks!!!



davidjohnbutton
31-08-2006, 09:07 AM
http://www.skegnesstoday.co.uk/ViewArticle2.aspx?SectionID=809&ArticleID=1732338 makes for quite interesting reading - what caught my eye was that from start to finish only took 10 weeks to get her out!

That's pretty good and makes me wonder why some courts drag it out to three months or more.

Tassotti
31-08-2006, 11:55 AM
Still far too long IMO.

When are these rediculous possession laws going to change???:mad:

pippay
31-08-2006, 12:08 PM
I think the fact it took only 10 weeks was because it was a housing trust and not a private LL .. personally i think the S21 rules sould be tighter.

a. they should not be issued unless the LL intends to act upon it ii.e. the LL must issue court proceeding within say, 3 months of the repossession date or the S21 expires.

b. Once a repossession date is given by the court, it should be final and the Ll should not then have to apply for bailiffs. The bailiff service should be avaialble for use immediately upon the court order.

Why should tenants be given 3 chances? Their demise is inevitable and it might shake up the Local Authorities to get their finger out when dealing with hmeless persons instead of instructing the tenants to remain.

And I'm a tenant ...

jonblair123
31-08-2006, 16:00 PM
Some years ago, I tackled a court official in Southampton, as to why my possession case was taking so long. He said that his court rules stated that when an application for possession is received by the court, he is obliged to put in pending bin for 16 weeks! That is why it takes so long. As to what gives a court the right to do so, is worth looking into.

ATI
31-08-2006, 16:51 PM
i see
My landlord is refusing to do the repairs and is also refusing to respond to the council demands he also warned by th epolice not to approach us either verbally or bythe phone becaus eof harassement. do you think he would need about 4 months before he can get us out? he has issued an illegal S21. i am withholding the rent by 4 weeks today.

davidjohnbutton
31-08-2006, 17:51 PM
So I presume ATI that you are one of these people who think "Now that's 4 months rent free before it gets into court, at which point I draw the illegal S21 Notice to the court's attention which means it gets chucked out - then another two months for the proper S21 Notice to expire and another 4 months before a fresh court hearing - I get away with 9 months rent free!"?????

If so, you do that old cock, as soon as you are 8 weeks in arrears - repairs or not - the landlord can take you for a mandatory possession order under S8 (ground 8).

Arbitrarily withholding of rent without going through the correct procedure in order to force repairs is not a valid defence to a rent arrears claim.

To deduct the cost of repairs from a landlord you should write to the landlord saying that if he does not do the repairs, you will obtain 2 or 3 quotations, have the work done by the cheapest quote, and deduct that value from the ongoing rent - this is the only way it is lawful to withhold or deduct rent!

Besides, it might take a lot less than 4 months to "get you out" in the court area where you live.

ATI
31-08-2006, 20:42 PM
thanks
please stop assuming. have faith first. i only asked because of my kids school i need to apply for a next year 2nd school and only have 1 month to decide otherwise it will have to be a nighmare and what may happen then i like plan ahead like anyone else.
I am not doing anything. it is the council who are doing the work for me. so everything is legal as far as i am concerned. i said 4 weeks arrears i meant his rent in advance is due tomorrow and i was told not to pay anything yet till he respond and he has not.

davidjohnbutton
31-08-2006, 22:26 PM
The point I was making ATI is that as soon as you owe 8 weeks/2months rent - the landlord is entitled to serve a Section 8 notice followed 14 days later by a possession summons - if the same level of arrears is prevalent at the hearing, then the judge has no option and I stress NO OPTION but to give a mandatory possession order which means you will ultimately have to leave your home. You will not have the right to counterclaim for the cost of repairs because the council will invoice the landlord for those (and also because you have not followed the protocol for getting repair costs knocked off your rent, preferring the council enforcement route).

I don't know who is advising you not to pay rent that is lawfully due, but be aware that council housing officers do not always give best advice and that this advice may well be the first few spadefuls of the large hole that you are going to dig for yourself!

Seek some independent advice before you withhold rent (CAB/housing advice/welfare rights officer/solicitor).

Additionally, should you be claiming housing benefit or local housing allowance depending on which it is in your neck of the woods, as soon as you hit 8 weeks arrears, the landlord can require the council to send any money for HB/LHA direct to him - and a months rent due on say 1st September is a months arrears on the 2nd September - so by 2nd October the landlord can both do the above and issue the S8 notice!

ATI
02-09-2006, 00:56 AM
I now understand what you mean thanks mate . i know about the s8 thing. my case is very confusing as it has too many complicated issues hence why the council decided to hold the Rent till he replied first. I agree with you about the council given too many conflicting advice. i was supposed to meet them last week but they have not called me yet. to be honest i can not wait for 26 sept as the bank has already sent me a letter seeking the house back from him. so hence why i need to wait.

jonblair123
02-09-2006, 08:06 AM
It is important for anyone witholding rent, to also be aware that when finally eviction takes place, a debt will exist, and the landlord is then entitled to have the judgement recorded, pursue the tenant for the debt, with interest accruing! For any unfortunate tenant existing on jobseekers allowance/social security payments, the landlord can ask for weekly deductions to be made by the courts!

MrShed
02-09-2006, 08:27 AM
For any unfortunate tenant existing on jobseekers allowance/social security payments, the landlord can ask for weekly deductions to be made by the courts!

From their benefits?? I don't think so...

davidjohnbutton
02-09-2006, 09:27 AM
Absolutely right Mr. Shed - all social security payments are protected from seizure by the court in any way (including attachment/garnishee/bailiff) and this would appear to extend not only to the normal DWP benefit from the local social security, but also to tax credits and housing benefit/local housing allowance barring the exception to the last two that the local authority may pay those benefits over to the landlord where the tenant is 8 weeks or more in rent arrears or is judged to be vulnerable or its in the tenant's best interest (i.e. they are known for purloining their HB/LHA for "other purposes")

RichieP
02-09-2006, 10:04 AM
Have the regulations changed then? When I worked for a housing assocuiation we managed to get deductions from benefits. It was a ridiculously small amount like £2.75 per week, but we got something.

davidjohnbutton
02-09-2006, 10:19 AM
It is possible RichieP that the tenant gave permission for the standard deduction to be made from his benefit - I have a tenant who owes me £1090 from 7 years ago and over the years I tried everything to get my money - I wrote to the DWP to ask if a deduction could be made from his benefit without success.

DWP regulations might be different for social housing landlords than it is for private landlords. All I know is that in 7 years of fighting to get this money, the debtor has won and I have had to pay the fees out to the court to try and get this money - the bailiff gave up without even getting access to the house. This is a tenant who at the oral examination said he likes his daughter to have new trainers at £80 a go and for them to take a holiday each year - holiday from what - he has never worked!!!!!!

justaboutsane
02-09-2006, 11:48 AM
£80 trainers you are having a laugh! .. When I was a single mum I struggled to pay £30 a time and I was working too! ... Maybe thats my mistake I should have sat on my arse instead of picking up the pieces of my shattered life! (and before you ask I pay £30 cos £10 ones dont last 5 mins on my daughters feet whereas £30 do!)

People that know the system will always flaunt it, trouble is decent hard working people have to pay the price! .. I think there needs to be a fair system set accross the board with social housing and private landlords.. councils can give temporary tenancies and kick people out of they "misbehave" whereas a private LL has to wait 6 months and then face months of wrangling. A private LL has much more to lose than a council.