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View Full Version : S21(4)(a) can I apply before the end of the 2 months



sti5brigade
11-09-2006, 21:03 PM
Having previously failed in my last attempts to evict tenants through the S21/S8 route because it would have taken too long. (the list of damages was too long for the Court to review and they referred me to small claims and asked for a detailed property report...........)
I decided on advice of Regency to issue another S21 and for the previous court decision to be voided by agreement from both parties (I had to pay the other party to get this!)
As I have had to wait for 2 months from the start of the so-called periodic tenancy and am now about 2 months in (it was 2 months 3.5 weeks to the point of the end of the 2 months from rent due period) can I apply for accelerated proceedings prior to the 6th October (which is the date which the 2 months officially expires)
The tenant has commented that they will only leave when removed by Bailiffs, in the meantime the property is getting worse (destroyed bathroom, kitchen, lounge, holes in all doors, garden used as a tip/bonfire)
They told me if I paid them some money they would leave without going to court - noway I can trust them and its effectively blackmail

So can I apply to court now, as I know they wont leave 6th October - or do I have to wait?

MrShed
11-09-2006, 22:07 PM
The short answer is no, quite simply. With that in mind, it may be worth reconsidering the tenants offer, blackmail or not.

pippay
11-09-2006, 22:43 PM
Weigh up the costs, on paper, of giving them the "amount" they want and STILL not getting your proerty back as opposed to paying the court & bailiffs fees, going through due process, and getting what YOU want .. your property back and an end to it all .. (I assume). Then decide. I have a feeling due process may take more time but will be the more beneficial to you in the long run ...

sti5brigade
12-09-2006, 00:02 AM
Problem for me is that I can given them more money but as I dont trust them at all, its more money wasted as I have no assurance they will then leave (money is effectively their returned deposit - no way they would get it otherwise)

When I say - 'apply before' 6th October, I didnt mean to have the court date before then. The last S8 took approx 7 weeks before I got a court summons date - how long should an accelerated possession order take? - i.e. can I apply earlier knowing that it will take at least 2 weeks for the date to come through. I'd love to boot them out just before Xmas but hopefully it wont take that long

I am sorting of seeing this through legally. Having had a whole heap of tenant issues (I smile when I watch tenants from hell.......) I know which route I wont be taking next time..........

sti5brigade
12-09-2006, 00:18 AM
Plus I have already paid the court fees in advance to the Solicitor
How much are Bailiff fees?

MrShed
12-09-2006, 08:12 AM
When I say - 'apply before' 6th October, I didnt mean to have the court date before then.

Yes I realise that, but you still can't I'm afraid. I totally understand you not wanting to bow to the tenants unreasonable demands. I just feel that it may save you time and money in the long run, as there will be less damage to the property, no baliff fees, you should get a refund on the court fees, less rent void times(I am guessing that they are not paying their rent). IF you have taken a month and a halfs rent as a deposit, then doing it the legal way is definitely going to cost more than this if they are not currently paying rent. The way to get around not trusting them would be to tell them you wouldnt pay until they have left, but give something to them in writing stating that if they leave by such and such date you will pay them X...give them this and explain it in front of a witness. But....this is just my opinion, and there are certainly very good arguments to not cave in to them!

lawstudent
12-09-2006, 16:13 PM
I agree with Mr Shed. Caving in to this tenant's blackmail can be done safely and it might be the best of available evils. Make sure any offer you put in writing to him is headed WITHOUT PREJUDICE and arrange with him to remove all his belongings from the property before exchanging his signed surrender document and keys for the agreed sum.

Before "completion" go round the property with him to ensure nothing has been left and have a locksmith on hand to change the locks. You may be well advised to be accompanied by a strong friend - in case he tries to rob you!

Ericthelobster
12-09-2006, 16:28 PM
A landlord friend of mine did just this to get rid of a dodgy tenant... made him spit big time and he still gets hot under the collar even to think about it, but as a practical business decision, it did the trick.

If you do go down this road, definitely don't pay them until they are definitely out and you have the keys back. I wouldn't worry overly about the tenants not trusting you to keep your end of the 'deal' - if you were to renege, they will know that you will be aware that they probably know where you live (if you can follow that!) and wouldn't think twice about bricking your living room window or that of the rental property...

sti5brigade
19-09-2006, 18:10 PM
Thanks for the comments
I'm beginning to come round to this thinking
As stated it may be the best of all evils but its really annoying

MrShed
19-09-2006, 22:01 PM
It really is annoying, and it will stick in your throat. But just remember, that as purely a business decision, it probably is the best option. Excellent advise from lawstudent there on how to make the offer also, do follow it if you decide to procede down these lines. Let us know what you decide and how you get on.

sti5brigade
20-09-2006, 12:03 PM
Will do
They were wanting the money before they move out but there is no way I am doing that............