View Full Version : How do I evict problem tenants.

02-10-2011, 22:09 PM
I have been renting my flat and have had problems with the tenants, a number of complaints to the management company from neighbours about domestic trouble etc. I now just want to sell the flat. With advice from the management company I issued a sec21 notice to leave giving a months notice. The tenant said he would not unless I got a court order, so he could get a council flat. I discussed this with my management company since being on good terms with them. They said that I do not need to get one?!! I have now discovered that I will need to get an accellerated possession order N5b which will cost £175. Is there a way in which I can get them out very quickly and so they do not get a council flat, since I beleive there are more deserving people out there who need them, who do not try and abuse the system!! He has now stopped paying his rent and I am having to cover the mortgage etc!!!! aswell as my own family costs.
Any help please.

02-10-2011, 22:38 PM
Look at other posts on this subject and you will see all there is (start at the bottom of this page). Look at FAQs which will answer your questions.

02-10-2011, 22:44 PM
LL s21 requires 2 month notice and is not a notice to quit. There are various poss routes for a court repo order after any notice period expires, with poss bailiff involvement required you could be looking at several months.
When rent due is 2 months, one option is s8 grounds rent arrears.
s21 is no fault notice so sue for unpaid rent in SCC now and poss get a CCJ against T. Both could affect his future chances, at least in the private housing sector.

02-10-2011, 22:56 PM
Many thanks, I take it I will still need to get an accellerated possession order. I am wondering on a rough figure how much this will all be? Never been to SCC! not that I want to get into it!!lol

03-10-2011, 08:43 AM
You say you have already issued a section 21 notice, but as that only gave 1 months notice, it will be invalid.

So we can help you get this right, and effected as quickly a possible, please tell us:

When did the last tenancy agreement begin?
How long was it for / was there an end date?
Is rent paid monthly?
How much is the monthly rent?
How much is currently unpaid?
Is the tenant on Housing Benefit?
Did the tenant pay a Deposit / is it protected

It is likely to be Feb or March before you regain possession of the property.

There are only 2 essential costs - one you have already discovered is the £175 court fee. However, if the tenant does not leave by the date the judge tells them then you will have to pay £110 to organise bailiffs. There is a pretty good chance that the council will take the tenants 'homelessness' seriously once you commence court proceedings, so you may not need to do this.

There is unlikely to be a court hearing.


03-10-2011, 09:04 AM
With advice from the management company I issued a sec21 notice to leave giving a months notice.

Oh dear...