fiffie Posted June 7, 2011 Report Share Posted June 7, 2011 Good morning. Just a quick question. We have to go to court to evict our lovely non-paying tenant, we have done it the right way, S21 etc. When the court contacts her presumably it will be by recorded delivery which she will obviously refuse, so the letter will go back to the court, will they re-try to deliver it? because obviously this could drag on a bit. And does anyone know how much it will cost us (grim bit!). Thank you very much. Link to comment Share on other sites More sharing options...
Grampa Posted June 7, 2011 Report Share Posted June 7, 2011 If you are trying to evict via a section 21 I don't believe the courts send any paperwork via recorded delivery. After the 2 months notice has passed on the s21 you apply for a court hearing and send in all the paperwork with the completed form N5b. 1 Tenancy agreement 2 s21 served on tenant 3 Proof of service 4 Proof of deposit protection 5 Prescribed info supplied to the tenant Then the court will send you and the tenant an acknowledgement and a hearing date. The tenant will be asked to put in a defence if they want to and if so there will be a hearing you should attend. If not you and the tenant dont need to attend and the court (if all paperwork correct) will grant a possession date 14 days later. If the tenant doesn't vacate on the date you then need to apply for a court bailiff to go round and give you vacate possession. Form N325 S21 Hearing £150 but I think it may have just gone up to £175 Bailiff about £100 Link to comment Share on other sites More sharing options...
fiffie Posted June 7, 2011 Author Report Share Posted June 7, 2011 Thank you very much for the quick reply. Let me explain. The tenants asked us to end the tenancy because they were separating, they have been in the house for about 8 months, so rolling on contract after the 6 month contract. They asked us to end the tenancy. The boyfriend moved out and the girlfriend hasn't. She is there without a contract and hasn't paid the rent. Obviously we issued a S21 to end the tenancy for them and they were happy with it, they both signed it as they wanted to leave on the 25th of last month - so he did, she didn't leave. I have to admit we didnot put the deposit in a scheme because we are a one man band and have never heard of it - we did not know about the existance of this scheme, but of course have found out. I have their deposit and can put it into a scheme today if necessary, but I feel it is a little late in the day. I feel quite resentful that I assume she will trash our property and we have to sit back and let her do it. We have asked her several times to meet up with us and have a chat, but she has ignored us. Honestly, I wonder why we bother! Thanks! Link to comment Share on other sites More sharing options...
Grampa Posted June 7, 2011 Report Share Posted June 7, 2011 Well as you didnt protect the deposit you may as well throw the s21 already served away as it is now invalid and if you go to court with it it WILL BE STRUCK OUT.. You need to protect the deposit (google DPS) then serve another s21. The costs were in my previous post. Link to comment Share on other sites More sharing options...
Mortitia Posted June 7, 2011 Report Share Posted June 7, 2011 Fiffie No protected deposit - no section 21 - is that cystal for you! Mortitia Link to comment Share on other sites More sharing options...
Grampa Posted June 7, 2011 Report Share Posted June 7, 2011 If you don't put the deposit in a scheme now YOU LEAVE YOURSELF WIDE OPEN TO A CLAIM FROM THE TENANT FOR 3X THE VALUE OF ANY DEPOSIT TAKEN. Lots of tenants are doing this now and the info on how to do it is easily available on the web. To be honest you seen to know very little about basic housing law and would be advised to use a professional eviction company and thereafter a good letting agent until you get to know the basics. Link to comment Share on other sites More sharing options...
fiffie Posted June 7, 2011 Author Report Share Posted June 7, 2011 Thank you all - I have finally protected her deposit. You are right we are relatively inexperiened - the last girl we had in had a paperbond as she was dhss, as much use as a chocolate teapot in the end,and we had never heard of this scheme - but I have now done it! So - do we have to wait until she misses 2 months of rent before approaching the court? or can we do it now - just to re-cap she ended the tenancy but refused to move out, we never asked her to go. She is 2 weeks late in her rent and refuses our calls. Thank you. Link to comment Share on other sites More sharing options...
Grampa Posted June 7, 2011 Report Share Posted June 7, 2011 You can serve an section 21 (4)( again if the tenancy is now periodic (month to month) which will give 2 months notice from the next rent due day or when 2 months rent is owing you can serve a section 8 under grounds 8,10,11 which means you can apply to the court 14 day later for a eviction hearing. Link to comment Share on other sites More sharing options...
fiffie Posted June 7, 2011 Author Report Share Posted June 7, 2011 Oh - please can you be a bit more specfic - sorry. Which do you think we should do? we gave her her notice because she wanted us to, she agreed and she signed it - but forgot to tell us she wouldn't actually move out on the 25th of May. Can we serve a S21 now? In theory she pays monthly. We are handing this house across to an estate agent once this c-w has gone. I wonder what the state of the property will be though!!!! Link to comment Share on other sites More sharing options...
Grampa Posted June 8, 2011 Report Share Posted June 8, 2011 You can serve both s21 and/or s8 if they apply. TRY http://www.evicthem.co.uk/ Link to comment Share on other sites More sharing options...
fiffie Posted June 9, 2011 Author Report Share Posted June 9, 2011 Thank you. Link to comment Share on other sites More sharing options...
LLAW96 Posted June 9, 2011 Report Share Posted June 9, 2011 The fact that you have served a section 21 notice merely brings the shorthold assured tenancy to an end, thereafter a statutory period tenancy remains in place (on the same terms and conditions as the original agreement) until (a) the tenant leaves ( you obtain a court order © you issue a new tenancy agreement. In this case, the simplest route would have been to get the tenant who was leaving to serve a notice to quit (if you have their contact details this can still be done) this would have ended the tenancy for you. As it stands you still have a joint tenancy in existence with both tenants liable for payment of rent. If the above course of action is not open to you then you will have to serve your s.21/s.8 notice and proceed to issue your claim. As you still have a joint tenancy both tenants need to be served. Hope this clarifies the position for you. Link to comment Share on other sites More sharing options...
Grampa Posted June 9, 2011 Report Share Posted June 9, 2011 That is correct one joint tenant could end the tenancy for both with a notice to quit but if the other one who is still living there doesnt leave which is likely to happen you will still need a court order. If you dont have a forewarding address for the one who has left just serve all the notices for both tenants at the tenancy address. Link to comment Share on other sites More sharing options...
fiffie Posted June 10, 2011 Author Report Share Posted June 10, 2011 Wow - thank you, this is becoming a bit clearer now. Once she has gone we are handing the house over to an agent - this takes up too much of our free time and is so stressful! Thank you all - don't know where we would be without this board! Thnk you. Link to comment Share on other sites More sharing options...
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