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View Full Version : In desperate need of help/ advice!!!!



josephine
13-01-2011, 12:14 PM
Hi
Im hoping that someone will be able to give me some advice as to how I can remove tenants from my property.
I let out my property almost 2 years ago with a short term agreement. I recieved the first months rent and bond on the date that the tenants moved in. I was soon to find that recieving the rent was going to be a novelty experience. The next month i did recieve the rent but it was late and then the tenant told me that she would be claiming housing benefit (which took ages to be awarded and was then promptly spent by her with no payment to myself)

I eventually got the payments sent direct to me but there was a shortfall which was never paid. I went to the local housing office who stated that as my mortgage repayments on the property could be covered by the amount of HB paid that I could not demand the tenants pay the remainder.

I recieved notice in oct 2010 that HB was to be suspended and that I had to give time for the tenant to respond to requests for eligability which took us to Nov. I have tried to contact the tenants repeatedly with no joy although I am aware that they are still in the property. I have been advised that i should evict using a section 8 or section 21 but as the TA was only for 12 months I dont know if this is still correct or if I just have to give them warning that I intend to evict? I need to get them out the quickest way possible! Having not rented out before I am entirely unfamiliar with the procedures involved, a fact im sure they are very glad of!! :mad:

theartfullodger
13-01-2011, 12:23 PM
Start date of tenancy please?
End date of initial 12-month fixed term please??
Is deposit protected & have you given tenants the "prescribed info" (if not S21 can't be used - but can be when these are satisfied..)

No offence but are you a member of RLA or NLA and have you done a course like..
http://www.rla.org.uk/landlord/courses/course1.shtml
- if not I suggest you do so.. it will save you agrro & money & time...

josephine
13-01-2011, 12:25 PM
The tenancy started on 01/04/09 and ended 31/03/10.

No im not a member of either RLA or NLA. I can be totally honest and say I was completley green to the ins and outs of letting and have suffered the consequences! I intend to sell the property once I get it back and run away screaming from the prospect of letting out anything ever again!! ha ha

theartfullodger
13-01-2011, 13:52 PM
The tenancy did not end 31/03/2010 - it carries on, month-by-month, until you or tenant end it. You can only end it (assuming monthly rent payable as defined in TA) by issuing S21 (if so deposit must be protected & "prescribed info" served - has this been done??) or S8 if more than 2-months rent owing then court possession order the bailiffs carry T out....

How much rent is owing & what is rent payable (eg £250/week, £1000/month, £3000/every 3 months - what does it say in't TA)?? That HB is paid in arrears is interesting but irrelevant to what rent is owing

Regret can't see what is funny about this, for you or indeed for Tenant of "completely green" landlord...

Cheers!

Artful

Snorkerz
13-01-2011, 15:16 PM
Josephine, read this and then come back with any unanswered questions: http://tenancyanswers.ucoz.com/index/ast_tenants_in_breach_of_contract/0-36

josephine
13-01-2011, 18:04 PM
The tenancy did not end 31/03/2010 - it carries on, month-by-month, until you or tenant end it. You can only end it (assuming monthly rent payable as defined in TA) by issuing S21 (if so deposit must be protected & "prescribed info" served - has this been done??) or S8 if more than 2-months rent owing then court possession order the bailiffs carry T out....

How much rent is owing & what is rent payable (eg £250/week, £1000/month, £3000/every 3 months - what does it say in't TA)?? That HB is paid in arrears is interesting but irrelevant to what rent is owing

Regret can't see what is funny about this, for you or indeed for Tenant of "completely green" landlord...

Cheers!Artful

The 31/03/10 was the end of the inital term (pardon me for my wrong wording).

They owe £4400 all told. The monthly rent is £550 which is to be paid on the first of each month, sept was when I recieved the last payment of £430 HB and I have had nothing since. The bond was £550 and is protected

Im sorry that I seem to have offended you with my laughter, i can assure you I am aware how serious this is giving that I am a full time student and single parent of 3 who is now footing the bill for 2 properties. :o
The T on the other hand is laughing toffee apples living rent free. When I went to the housing office they knew the name instantly and exclaimed "they are well known for this, they know the system inside out and you'll have a job shifting them"

thanks

jta
13-01-2011, 18:14 PM
When I went to the housing office they knew the name instantly and exclaimed "they are well known for this, they know the system inside out and you'll have a job shifting them"

thanks

Did no-one at the housing office tell you to apply for the rent to be paid directly to you?

If you have not already done that then apply immediately. The tenant's claim will be suspended to give them a chance to explain then it will (should) be paid directly to you.

After you have done that we will explain how to get rid of them.

josephine
13-01-2011, 18:18 PM
Josephine, read this and then come back with any unanswered questions:

Thank you this link was really helpful.
I have downloaded a section 8 form and on the front it states not to fill in the form for assured shorthold tennants with no fixed term. It also states there is no prescribed form in this case, i just need to make them aware that I intend to evict. im unsure if my tenants would fall into this catagory as their initial term ended on 31/03/10 and as such they are now on a month by month basis? Should I still serve a section 8?

thank you

josephine
13-01-2011, 18:28 PM
Did no-one at the housing office tell you to apply for the rent to be paid directly to you?

If you have not already done that then apply immediately. The tenant's claim will be suspended to give them a chance to explain then it will (should) be paid directly to you.

After you have done that we will explain how to get rid of them.

I did apply for the housing benefit to be paid to me after she spent the first few months and didnt pay anything. It was paid to me untill the last payment in sept. however the HB did not cover the full rent but she has never paid the shortfall so has been getting further in the red each month. I have since managed to speak to her and she stated that her partner now works so she isnt entitled to HB but she is still paying nothing and states she has no intention of doing so.

thanks

jjlandlord
13-01-2011, 18:40 PM
I have downloaded a section 8 form and on the front it states not to fill in the form for assured shorthold tennants with no fixed term. It also states there is no prescribed form in this case, i just need to make them aware that I intend to evict.

No, it is stated that you should not use that form if you intend to seek possession under section 21, for which there is no prescribed form.

You are seeking possession under section 8 so do use that form.

jta
13-01-2011, 18:48 PM
You can also issue the S21(4)(a). This would be a backup in case your S8 failed to get a PO for you.

Do read up on the correct way to present (fill out) the S8.

josephine
13-01-2011, 19:04 PM
No, it is stated that you should not use that form if you intend to seek possession under section 21, for which there is no prescribed form.

You are seeking possession under section 8 so do use that form.

ok thats great , thank you so much for your help.