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Sazrose
10-12-2011, 11:00 AM
Hi all,

Please be patient with me as this is my first post. I have been renting out my house for the last 3 years to a lady at first appeared really nice and pleasant.

This is the first time i have done this as the house before had always been lived in by my gran. The woman concerned is an older lady and said she wanted to stay for a long time. I had no reason not to believe her and allowed her to move in. No written agreement was given and no bond or advance rent was paid. I now know that these things are standard.

When i asked for the lady to pay a bond for any damages there was always an excuse as to why she couldn't pay it. She was paying her rent and the house was always in a good state and i put the fact of her not paying down to my fault for not asking before she moved in.

After the first year the lady lost her job and the council started paying her rent but not the full amount. To start with she made up the difference but then this stopped and she would again always have a excuse of why she can't pay (she does however seem to have the money to pay for cable and her mobile!)

This has been going on now for the last 2 years - she has been giving me dribs and drabs of back rent but never the full amount owed.

Recently now i have been informed by the council that she is being investigated and her rent has been stopped by them. She tells me she knows nothing about this and has had no notice from the council (this i don't believe). She tells me that she has no money to pay any rent at all and to date with all the back rent owes me over £2000. I refuse to be taken for a fool any longer and want her out of my house.

How do i go to evict and how much notice do i need to give and in what form


Thanks in Advance :-)

jta
10-12-2011, 12:23 PM
Use a S8 grounds 8 10 & 11, after the notice period expires (14 Days) you will be able to apply for possession. This may take several months depending on the courts. You are also able to issue a S21 to regain possession but with no written agreement this may take a while longer.

It is essential to get the notices right, so do a bit of reading and searching then come back and ask questions if you need to.

Sazrose
10-12-2011, 12:36 PM
Thanks for the info - where do i find info (letters) for S8?

jta
10-12-2011, 13:01 PM
Go to resources on this page (top left) click on documents, you will have to log in again to gain entrance.

I suggest you do a bit of reading before you fill them in.

Sazrose
10-12-2011, 14:00 PM
Looking through the s8 form it seems like it isn't appropriate to use as she has been in the house longer than six months.

What is the shortest amount of time i can give her to leave?

Snorkerz
10-12-2011, 14:04 PM
Go to resources on this page (top left) click on documents, you will have to log in again to gain entrance.

I suggest you do a bit of reading before you fill them in.

This page also gives brief info on the section 8 process. http://tenancyanswers.ucoz.com/index/ast_tenants_in_breach_of_contract/0-36

Please be aware that if the tenant gets her unpaid rent to below 2 months worth at the time of the court hearing your application may fail. Well, more to the point your application under ground 8 will fail, but that is why jta suggests grounds 10 & 11 too which are at the judges discretion.

Snorkerz
10-12-2011, 14:10 PM
Looking through the s8 form it seems like it isn't appropriate to use as she has been in the house longer than six months.

What is the shortest amount of time i can give her to leave?
s8 is the correct form to use - it relates to section 8 of the 1988 Housing Act. http://www.legislation.gov.uk/ukpga/1988/50/section/8

You can only evict a tenant using either section 8 or section 21 and in both cases you can not involuntarily remove a tenant without a court order exercised by court bailiffs.

The notice required for section 8 grounds 8, 10 & 11 are 2 weeks, but the tenant is under no obligation to leave at the end of the 2 weeks, that is the earliest date that you can apply to court to gain possession.

If you are not confident DIYing this (we will help) there are companies advertising on here who will do the whole process for you (no quicker than DIY) but expect to pay iro £1k fom start to finish. DIY will cost you £100 for the court aplication (if you do it online at www.possessionclaim.gov.uk (http://www.possessionclaim.gov.uk)) and, if tenant doesn't go when judge says so, £110 for bailifs.

jta
10-12-2011, 15:56 PM
Looking through the s8 form it seems like it isn't appropriate to use as she has been in the house longer than six months.

What is the shortest amount of time i can give her to leave?

The period of time in the house makes no difference to when you can serve S8, the criteria is whether 2 months rent is owed. There must be 2 months owed at the time of service and on the day of the court hearing. Ground 8 is mandatory, so if it's done properly you will get your possession order.

If you are going to serve a S21 as well then it will need to be a S21(4)(a), which is the correct one for a periodic tenancy. It may be best to serve both in case the S8 does fail.

Brb
10-12-2011, 17:07 PM
It is somewhat dubious that she was successful in obtaining housing benefit with no agreement. Along with proving they qualify for this means tested benefit financially they must also prove they are contracted to pay £xxx.

Snorkerz
10-12-2011, 18:10 PM
It is somewhat dubious that she was successful in obtaining housing benefit with no agreement. Along with proving they qualify for this means tested benefit financially they must also prove they are contracted to pay £xxx.Maybe, just maybe, a tenancy agreement was produced (easily available at WHSmiths) and that has been discovered, hence the LHA being suspended.

Sazrose
11-12-2011, 14:42 PM
Thanks for all the advise it has really helped - I have given her till after the new year to move out (can't be completly heartless at xmas) and have advised my intention to regain possesion of the property after that.

I think she may leave without having to issue an S8 which would be nice - if she does is there anyway i can obtain the rent owed or do i just have to write it off?

Thanks

Snorkerz
11-12-2011, 19:00 PM
Thanks for all the advise it has really helped - I have given her till after the new year to move out (can't be completly heartless at xmas) and have advised my intention to regain possesion of the property after that.

I think she may leave without having to issue an S8 which would be nice - if she does is there anyway i can obtain the rent owed or do i just have to write it off?

ThanksYou can make a claim through www.moneyclaim.gov.uk (http://www.moneyclaim.gov.uk) but only you know if the tenant is likely to have sufficient funds to pay you even if you get a court order against her. A tenant on benefits (or even worse - now not on benefits) may not physically have the dosh. Its the old story of getting blood out of a stone.

If I may say, every DAY she stays there she is losing you revenue, you are not a charity. It is not you being heartless, this is entirely caused by the tenant. Do you think she is sat there thinking I can't have my landlord being skint at Christmas? She'll not be thrown out at Christmas so get the paperwork in ASAP.