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Tallis
01-07-2005, 21:49 PM
I have a single mother tenant She and her 6 year old son have lived in my property for 8 months - Another 4 months of contract left. Neighbours have been complaining to the police regarding her violent abusive relationship with a boyfirend who visits. (Also, she is violent and abusive to neighbours, using foul language and shouting at neighbours in the street.) Neighbour on one side is pressing charges for assault whilst on the other the lady is covered in bruises having tried to stop them fighting. Police called. Property belonging to me - fully furnished ie new tumble drier has disappeared presumably sold by tenant. How do I get rid fast? Do I serve Section 8 and 21 together? Or one first then the other. What if she does not go when the Section 8 expires or 21? Anyone had first hand experience with nightmare tenants like this one. She got the tenancy by default lying that she had a job and set up her friends to say she worked there false references ect. We lurch from week to week wondering if she is going to pay the rent part of it or none of it. So far she is upto date - only as I have let her off a week and called her to get the rent paid in. PLEASE HELP I HAVE BEEN A NIAVE NERD ESPECIALLY RENEWING THE 6 MONTH CONTRACT I did not realise she was so bad such a very good actress.

davidjohnbutton
02-07-2005, 00:03 AM
Serve S8 notice when she is in arrears with rent to 8 weeks/2 months or more. You will get possession order when you take her to court if notice served correctly and 8 weeeks/2months arrears still prevalent at hearing - possession order is then mandatory. Court Summons issue fee £150 - Bailiffs £90

Serve S21 Notice (make sure you get the right one, there are two different types - one is for issue whilst still within fixed period, and other is for periodic (i.e. outside fixed period). Fees again are as above, but you will be able to use acellerated possession procedure if you have written agreement. Get paperwork right and possession is mandatory. 2 months notice must be given.

Criminal damage/theft, report to police. You could also take her for a possession order based on her lying to get the tenancy but possession is not guaranteed.

Use the search facility for more info on notices and procedure.

Tallis
02-07-2005, 18:27 PM
Thank you for your kind reply,

Can I serve a section 8 if she is not in arrears which she is not. Waiting for 8 weeks before I can serve it means I might as well serve a Section 21, as it will not be long before the contract is up after that.

I would like to know if I can serve both notices? Also, before you serve either notice do you have to apply to the court with the relevant form to get possession or do you serve notice then after tenant won't move out you apply to court?

Thank you for your help,
Tallis

davidjohnbutton
02-07-2005, 18:46 PM
you can of course serve a S8 notice but not on the 8 weeks/2 months arrears grounds which is the one (so far as rent arears are concerned) which is mandatory possession so long as there are 8w/2m arrears at the hearing date. Other rent arrear grounds are discretionary possession.

You serve the relevant notice by filling it in yourself and serving it on the tenant and then you apply for a possession order (s8 normal process, S21 acellerated provided you have a written tenancy agreement) from the court - this usualy takes between 1 and 3 months depending on local court workload - phone the court and ask for the listing officer who will tell you when they are listing hearings for (i.e. case I am dealing with for a client at Pontefract, phoned yesterday, they are listing for 8th August - not bad!!)

If you email me privately at davidjohnbutton@supanet.com - I will happily send you copies of a S8 notice, and a S21a and b notice.
Mention your site name of Tallis so's I know it is you.

Patois
04-07-2005, 06:56 AM
Anyone here had any success with a S14 notice?

- That is the discretionary ground where proceedings can be started as soon as notice is served if:
the tenant or someone living in or visiting the property:
has caused or is likely to cause a nuisance or annoyance to someone living in or visiting the locality
or
has been convicted or using the property or allowing it to be used for immoral or illegal purposes or an arrestable offence committed in the property or in the locality.

If the neighbours and police have already been involved then see what evidence and witness statements can be gathered to take to court for possession.

Anyone tried this?

justaboutsane
04-07-2005, 08:34 AM
We served a section 8 noting clause 14, but before we could action it the property was damaged by a severe fire and the tenant moved on!

You need to have as much evidence as you can get, police reports crime numbers and witness statements.

RichieP
04-07-2005, 08:50 AM
You beat me to that one Patois. I was going to mention that. However, In my experience, it takes so long to gather evidence and get witnesses prepared to attend court, you might as well use a S21 if it's in the period where you can use it.

Patois
04-07-2005, 09:27 AM
Richie,
Yes I agree - landlords need to balance trying to mitigate their losses - if dates and paperwork are right the Mandatory way is guaranteed - however it gives the tenant more time to wreck or sell the contents of the house.

The discretionary way was only suggested as it could (only could) be quicker the neighbours and the police may be willing and able to provide the necessary witness statements.
The fickleness of the Courts also has to be considered - and time to get a court date (which may be as long as the s21 route anyway)

It was just a thought....
Wondered if anyone else had success using this route?