District Judge reject repossession order - what have i done wrong?

[yus_yp]

I am a new landlord who has rented out a property for the first time and have been taken full advantage of by a rent dodger. The following is an overview of the events that have taken place:

22 Sept 09 - Tenant signs AST for 1 year - I tell the tenant that she can not move in until she gives me a deposit and 1 months rent in advance. In the mean time work will take place to renovate the place.

19 Nov 09 - I go on holiday and she moves in whilst I am away. Moves in whilst the bathroom fitters are fitting the bathroom. The fitters say she said I said it was okay for her to move in.

7 Dec 09 - I return back from holiday and go to see her - she aplogises and states she is arranging the funds from the council and should be with me soon.

17 Jan 10 - I now ask to speak to the council to find out the delay - she then admits she spent the money

19 Jan 10 - I issue Section 8 on Grounds 8,10 & 11 whilst also pointing out my AST states she has to evict in 2 weeks upon non payment of rent

8 Feb 10 - I submit Claim for repossesion to court and the 14 days lapse so i submit the notice of issue

13 Mar 10 - The District Judge makes the following comments "this is not accelerated procedure, he seeks possesion order on non payment, tenancy does not end until Sept 10 therefore S21 notice can not be affective with this"

What does that mean, have I submitted my forms incorrectly?? Any help on this would be appreciated.

I can't believe that someone can live in someone else's property for free whilst the owner pays the mortgage, ground rent and boiler cover at costs of around £400 per month

[Chestnut]

What is the start date on your tenancy agreement? This is not clear from your list of dates.

Did your tenant move in before that date?

If so, get legal advice for trespass and inform both tenant and council that you are doing so. It might stir up some action.

Others on this forum with direct experience should answer your question on the court response to the procedure you took.

[yus_yp]

What is the start date on your tenancy agreement? This is not clear from your list of dates.

Did your tenant move in before that date?

If so, get legal advice for trespass and inform both tenant and council that you are doing so. It might stir up some action.

Others on this forum with direct experience should answer your question on the court response to the procedure you took.

Start date of the tenancy agreement is 22 Sept 09. She didn't have the deposit or the first months rent so I said she can't move in until she can arrange the funds. Whilst she was arranging the money I was having the place renovated.

The tenant moved in whilst I was out of the country, a date after 19 Nov 09.

Based on what I have read, you have to issue a section 8 to start repossession process, unsure why the court rejected my request..

[Lyndon]

I am with Chestnut on this.

If I read your posts correctly the judge has stated that you are attempting to gain possession using a S21 notice, but you said you issued a S8 notice. So where does the S21, referred to by the judge, come into it?

Not sure but you may have a claim against the bathroom fitters for allowing her to move in without checking with you first. A long shot but if you are seriously out of pocket then it is worth considering.

To get her out and quickly you need a solicitor with experience of Housing Law. Do not just select one out of yellow pages. Good luck!

[Mortitia]

This is another one!!

Yes, YUS your tenant has taken full advantage of you because you went on holiday - and told her.

If I was showing a property that was empty or had work in progress and was doing my own so called managing I would not mention I was going away - licence for cheeky experienced non-rent payers to squat.

Golden rule - do let let tenant sign until move in date or very close to it.

You probably have served the section 21 notice incorrectly - the most common form of failure and the judiciary lurv knocking landlords back on this one - how easy to get another case off thier desk.

As Lyndon says - now is time to get a SPECIALIST landlord and tenant solicitor - they are worth thier weight in gold throughout your letting career. Take note of how he/she goes about it then you can do it again if you get in this situation.

Mortitia

[yus_yp]

Mortita

I did serve a Section 8 - I may have used the wrong form to apply for the hearing. I am going to try and pop into the county court tomorrow to confirm that I have used the correct form after the section 8 expires.

The form I completed was a Possession of Property (Accelerated Procedure) (AST). This was submitted with a copy of my tenancy agreement, a copy of the section 8 issued, and a events log supporting the application.

Once I have some clarity from the county court on my application, I will definitely look at getting professional advice.

Thanks for your input.

[snorkerz]

Mortita

I did serve a Section 8 - I may have used the wrong form to apply for the hearing. I am going to try and pop into the county court tomorrow to confirm that I have used the correct form after the section 8 expires.

The form I completed was a Possession of Property (Accelerated Procedure) (AST). This was submitted with a copy of my tenancy agreement, a copy of the section 8 issued, and a events log supporting the application.

Once I have some clarity from the county court on my application, I will definitely look at getting professional advice.

Thanks for your input.

That's your problem. The correct forms for s8 is N5 and N119.

You can either submit the forms, or do it online for less (google PCOL). Your s8 will still be valid so you can do that right now.

[yus_yp]

That's your problem. The correct forms for s8 is N5 and N119.

You can either submit the forms, or do it online for less (google PCOL). Your s8 will still be valid so you can do that right now.

Thanks. You are right I needed to use the N5 and N119 form but I used the N5b form. I received the incorrect advice from the County Court as I did state to them that I have issued a Section 8, what form do I use now. I appreciate they don't provide legal advice but they do say they will help you decide on which forms you need to use and assist you in completing them. On that basis do you think I can argue that they were the cause of me issuing the incorrect form in the first instance??