cypress Posted September 26, 2012 Report Share Posted September 26, 2012 Advice Needed. I've had the same DHSS tenant in my property for over 6 years, I've always thought of him as a good tenant, never gave me any problems & Housing benefit was paid directly to me. About 18 months ago he started work and Housing benefit stopped but in that time he's been gradually falling behind with his rent. About 6 months ago he stopped paying completely, I think I've heard every excuse going, always with the promise to make up the payments. His rent arrears are now ridiculous. He's received a Section 8 Notice, beginning of September. & 48hrs notice in writing that I will be entering, I've been to the house and all doors are locked and barricaded from the inside, He said he's nowhere to go so he's not going. I've heard about these situations but thought it would never happen to me. I now don't know what to do . Can I get him out and how? Can I recover the rent and costs? Any thoughts appreciated. Thanks Link to comment Share on other sites More sharing options...
Melboy Posted September 26, 2012 Report Share Posted September 26, 2012 About 6 months ago he stopped paying completely, 6 months with no action from you? You are being taken for a Mug Landlord by this tenant as you have given him the impression that you don't really care what he does. You now face another 3 months handling the eviction process with no rent coming in and to recover your unpaid rent from a person who has no money to pay you will be interesting and further financial costs to you. So back to the beginning and start the eviction process. Link to comment Share on other sites More sharing options...
Guest tenants_from_hell Posted September 26, 2012 Report Share Posted September 26, 2012 6 blimey months?! You certainly have too much money! I would be on it if I wasnt seeing money for 4-6 weeks! Link to comment Share on other sites More sharing options...
PatseChi Posted October 10, 2012 Report Share Posted October 10, 2012 evict through the courts evict evict evict Link to comment Share on other sites More sharing options...
snorkerz Posted October 12, 2012 Report Share Posted October 12, 2012 The section 8 notice did not oblige the tenant to leave the property - only a court order, enforced by bailiffs can do that. In the mean time, apply to the council for housing benefit to be paid directly to you. When you get to court, the judge should make an order that the tenant pays all the missing rent, but your chances of enforcing such an order, in any meaningful way, are very limited. Link to comment Share on other sites More sharing options...
Landlord61 Posted October 22, 2012 Report Share Posted October 22, 2012 The section 8 notice did not oblige the tenant to leave the property - only a court order, enforced by bailiffs can do that. In the mean time, apply to the council for housing benefit to be paid directly to you. When you get to court, the judge should make an order that the tenant pays all the missing rent, but your chances of enforcing such an order, in any meaningful way, are very limited. That's the way I understand it to be too. The tenant can ignore the Section 8 notice, in which case you have to get a court order, which the tenant can also ignore. The only option then is bailiffs. Guess who pays for all of this? Not to mention the loss of at least a further 3 months rent while the 'proper' process runs its course. Link to comment Share on other sites More sharing options...
Grampa Posted October 23, 2012 Report Share Posted October 23, 2012 Now the s8 has been served, if you apply online for a hearing you will get a court date at the same time which will be about 6 weeks. Then after the hearing which you (or solicitor) have to go to, you should should get a possession date 14 days later. If they then dont move out you apply for a court bailiff which is about 10-14 days. The above time scales are for my area and could vary in other parts of the country. Link to comment Share on other sites More sharing options...
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