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View Full Version : Section 8 and 21 served. Is there a clear guide available in how to evict a tenant?



smarthealth
21-01-2011, 10:37 AM
Hi there

I've looked through the forum, but could not find the response I was searching for. Appologies if this has been addressed lots of times before.

I have a flat in Manchester where the tenant is now 5 months behind on their rent (BLESS THEM). My letting agent has served them with a section 8 and a section 21 (this was actually done in October) and now I am finally coming to terms that this tenant is not going to suddenly wake up as a decent, honourable human being so I need to evict them.

It's sods law that I've had no work myself this month (not a sob story just fact, as January always tends to be naff), so I'm using savings to pay my living costs and that of this tenant. Does anyone know an easy way without too much technical jargon in which I can get this repossession order completed without the need of a costly solicitor? (I repeat the word easy, as my brain is not what it used to be)

I've seen various files but these seem to lack clarity and full explanation, leaving gaps.

I have a feeling I'll be advised to bite the bullet and make sure I cover my bases with a solicitor, but it just seems sickening considering all the costs of losing on that rent and now this added cost. It seems like the tenant taking advantage and sticking two fingers up at me and the system one more time!

Thanks in advance to any one that replies

Tom

Snorkerz
21-01-2011, 11:05 AM
Presuming your notices are valid, and you have proof of service, both s21 and s8 are quite straight forward.

For s8, go to www.possessionclaim.gov.uk (http://www.possessionclaim.gov.uk) and start your claim there (fee £100)

For s21, get form n5b from the court service website and post it in with your fee (£150)

For section 8, there will be a hearing and you can ask a judge to make an order for the missing rent - expect 7-10 weeks before possession date.

For s21, there may well not be a hearing, expect 8 weeks before a possession date.

If T doesn't leave on the possession date, you will have to involve court bailiffs (more time and £s).

A solicitor is unlikely to do any of this more quickly and I know at least one company advertising on here charges £1k inc vat for a s21 from start to finish.

If you would like verification of the validity of your s21 please answer:

What date did the last tenancy agreement begin
How long was it for or when did it expire
Have you taken a deposit; if so, when was it protected
When was the s21 served - do you have proof?
Was it an s21(1)(b) or an s21(4)(a)
What was the exact wording of the expiry date

smarthealth
21-01-2011, 17:03 PM
Hey Snorkerz

Really appreciate the reply. Really concise and easy to understand compared to what I have encountered so far.

I'll get to work on making sure there was proof of service (as the letting agent did that, well I hope they got that!!) and then go through the other points there.

On the subject of a letting agent. It was them that found this person and supposedly credit checked them (I have my doubts, but anyway), and placed them in my property. Should they not have some responsibility over this further on from serving a section 8 and 21 (providing they got proof of service for that)?

theartfullodger
21-01-2011, 17:12 PM
On the subject of a letting agent. It was them that found this person and supposedly credit checked them (I have my doubts, but anyway), and placed them in my property. Should they not have some responsibility over this ...........

If you don't already have it ask the agent for copies of ALL paperwork relating to the letting including, in particular, the checks... see what it says .. might give you grounds for a negligence claim...


Re credit checks etc.. they can be as cheap as £8 each
http://www.credit-check-services.co.uk/services.asp
- if the Agent charged him significantly more/suggested they were doing a "full" check but only did a minimal one that might help...

Hope it works out..

Snorkerz
21-01-2011, 18:32 PM
On the subject of a letting agent. It was them that found this person and supposedly credit checked them (I have my doubts, but anyway), and placed them in my property. Should they not have some responsibility over this further on from serving a section 8 and 21 (providing they got proof of service for that)?As the tenancy agreement is between you and your tenant, the letting agency have no responsibility for it providing they did what they said they would when finding the tenants. I presume you were given the final choice - yes/no? It all depends on what authority you gave them in the agency agreement, and what that agency agreement obliged them to do.

I have won a similar case against an agent - but ultimately I didn't have to argue the facts in court (that's another story!)

The agents can not commence court proceedings for you (well they can, but it will all be in your name, not theirs) and they can not appear in court in place of you (only you OR a solicitor has the right to address the court).

This site is a fantastic resource, and I know that the members will be only too happy to answer any questions you may have.

You may want to bookmark these 2 pages - although I have to declare a little self-interest (I wrote them).
http://tenancyanswers.ucoz.com/index/ast_tenants_in_breach_of_contract/0-36
http://tenancyanswers.ucoz.com/index/ast_tenants_not_in_breach_of_contract/0-37

smarthealth
23-01-2011, 12:52 PM
Artful, thanks for the ideas, I'll look into this

Snorkerz, more great info that is very much appreciated. Thanks so much. Have a great end to the weekend

Tom

smarthealth
23-01-2011, 14:12 PM
Snorkerz, more great info that is very much appreciated. I've followed those links and now have a new Section 8 ready to go if the agancy did not get the required proof for the last ones. I now now how to get that proof, thanks to you

One quick question on that link is that the website for the Possession Claim Online did not work, do you know if there is a new one?

Very impressed by how helpful people have been on this site already and how fast! :D

Thanks so much. Have a great end to the weekend

Tom

Snorkerz
23-01-2011, 14:31 PM
One quick question on that link is that the website for the Possession Claim Online did not work, do you know if there is a new one?My fault, it is fixed now. This is the link https://www.possessionclaim.gov.uk/pcol/HomePage.do

smarthealth
23-01-2011, 14:40 PM
Brilliant, thanks once again!

smarthealth
23-01-2011, 14:55 PM
One other question if that's ok?

It states that a signed statement form the person who delivered the Section 8 is ok. My Agent hand delivered this. Is there a preferred format for this statement, or a mock up that's best to use for it?

Thanks and I appologise if some of these questions are obvious

T

Snorkerz
23-01-2011, 15:00 PM
Landlordzone provides this template http://www.landlordzone.co.uk/members/download.php?f=ServingWitnessStatementN11LLZ.pdf although you may need to re-register on the main site to see it.

smarthealth
23-01-2011, 15:42 PM
Perfect, I have sent that form to my Agent.

One more question on the section 8 if thats ok?

The Section 8 that has been served happened in October when the tenant owed just over two months rent. The lovely tenant now owes nearly six months rent. If I use the Section 8 from October can I only claim that amount of rent back?.... Or will the court take into account the time lapsed from then until now?

If not do I have to serve a new Section 8 with the up to date info? That puts things back two weeks, but I guess 14 days on the six months is not a major worry and now at least I am starting to take proper action.

Thanks yet again Snorkerz, very kind of you to help out. After having a tenant like I've had, confidence in people can get low, however your selfless giving of info is comendable and much appreciated

All the best

T

Snorkerz
23-01-2011, 15:46 PM
You will state on the pcol website how much is unpaid. So long as it was over 2 months worth when you served the s8, and it is still 2 months worth when the hearing takes place, then the judge has to grant you possession. The details of the order for rent will be worked out on the day.

The s8 remains valid for 12 months from service, so your October one is fine.

smarthealth
23-01-2011, 15:51 PM
Great News

Thanks

mind the gap
23-01-2011, 20:02 PM
Snorkerz, I think you should bottle yourself and sell it! :)

Snorkerz
23-01-2011, 20:10 PM
Snorkerz, I think you should bottle yourself and sell it!Yes, but isn't it sad that I sit here sometimes just waiting for people to have problems! Mind you, you've done 4 times as many posts in the same time ;). It's not Schadenfreude (http://dictionary.reference.com/browse/schadenfreude), honest!

mind the gap
23-01-2011, 20:13 PM
Yes, but isn't it sad that I sit here sometimes just waiting for people to have problems! Mind you, you've done 4 times as many posts in the same time ;). It's not Schadenfreude, honest!

Isn't that a cheap German wine?

smarthealth
25-01-2011, 16:49 PM
Hi again Snorkerz (or anyone else who is kind enough to help me out)

My tennant has once again ignored my kind requests to vacate my appartment, so I am taking him to court.

A few more questions;

Will I have to pay all court costs, or can he be billed for them? I understand that I could pay and then add them to what he owes me, but as he is very unlikely to pay me any owed rent, then I doubt he'll pay me court costs for his eviction (so frustrating that this is allowed)

I am on the PCOL Website, step 5 of 8 and I don't want to put the wrong thing, as I know the language used must be correct. Here is what I am proposing to write, does it sound correct to you?

Reason for Possession :: The tenant has not paid rent for approaching six months. The tenant does not reply to any correspondence from the letting Agent or myself.

Recovery Steps already taken :: Section 8 was served in October.

About The Claimant :: Financial or other Information :: I am having to pay a mortgage on this property and it is a great financial burden upon myself when I am getting no returns in terms of the rent

About The Defendant :: Defendant Circumstances :: I have put here :: no known details to the question of Please give details of any known details of the defendant's circumstances or any attempts made to obtain details.

Thanks in adavance for any help with this, It's greatly appreciated

T

smarthealth
25-01-2011, 17:13 PM
btw, I have just noticed the post from Mind the Gap.

Agreed if the help was bottled it would be a big seller. I'll help market it if you managed it Snorkerz!!

Thanks to all

t

Snorkerz
25-01-2011, 22:26 PM
Sorry for the delay replying - couldn't find the bottle opener.

I haven't actually used PCOL, but I found this link which seems to tell you what to put in every box http://www.pims.co.uk/Applying-for-tenant-rent-arrears-eviction-possession-Online

smarthealth
26-01-2011, 06:56 AM
LEGEND!!!!

Thanks Snorkerz, have a great day. I'll get onto this tonight