Starting eviction process - need help please

[jeanniegardiner]

Hi,

Been very impressed with the diverse information provided on this site. Has been of great help reading experiences and advice. Wondered if anyone could advise on the following:

Had tenant in under 3 years, original 6 month AST has lapsed - tenant fell behind with rent and then had housing benefit for 3 - 4 months. Have had several conversations on phone or person to person since last Winter.....but as is apparent tenant gave many excuses/delays....but we gave him benefit of doubt.

Consequently, tenant owes to date £1100 rent which is combination of shortfall from HB and couple of months rent. I never managed to get tenant to sign standing order/direct debit. Have lost patience now and intend to issue Section 21 (which I have downloaded, hope ok?) which gives him 2 months notice to quit. Understand that when that comes to the end date apply to court for accelerated possession on N5 Form. If I give him this on 12th May, this means the leave date would be 12th July - original monthly rent payable on 13th of month - sorry if I sound dim but don't want for it to go to another month!!

Can I also advise him (formally/informally?) that I will be trying to recover arrears too? Understand that it can only done one way or other ??? confused - think I have been smooched good and proper and wish to get him out the quickest way possible - think I would forego the arrears - hope this makes sense - any suggestions or advise would be so appreciated.

Anyone who has been in this situation can verify the worry, stress and fear of damaged property or repurcussions!!! Thanks Jeannie

[Toyin]

Hello Jeannie

I've read your comments with some interest and it would appear that in addition to being able to obtain possession under S21 Housing Act you are entitled to possession and a money judgment for rent arrears although it must be stressed that you cannot commence both actions at the same time as it is either one or the other.

If you choose to issue proceedings via S21 Housing Act 1988 you will only be entitled to possession of your property and your court fee. If you decide to issue proceedings under S8 Housing Act ( which entiles you to claim rent, damage to property and other breaches of convenant) you will be entitled to possession of your property together with rent arrears and costs. The significant difference between the two is that the S8 Proceedure has a two week Notice period and there will be a hearing of your application by contrast S21 Procedure is a 2 month notice period and provided the Notice is fine there will be no hearing of the application. Hence the reason they call that Accelarated Possession.

I hope that has made sense.

Now in terms of the quickest route of the two, this would depend on whether you have already served the Notices and if they have alread expired. If the S21 Notice has already been served and expired then that would be the quickest route to possession. Assuming the Notice is fine you should be able to obtain a possession order within 28 days of sending the paperwork to court. However you must remember that the Accelarated Proceedure does not entitle you to make a claim for rent arrears as well.

I hope I have been able to shed some clear light to your situation.

If you need help preparing the Notices and or Eviction your tenants we can help you. Otherwise good luck with it.

Regards

Mrs Toyin Davidson-Ero, LLB. F.Inst.L.Ex

Landlord Support Services

www.landlordslawyer.co.uk

infor@landlordslawyer.co.uk

0845 128 4032

[Reza]

Wondering if anyone can help with the following similar situation.

I have a tenant who has fallen into major arrears - 7mths! Now given that I arranged the tenancy directly and the tenant was an introduction from a mutual friend, I have put up with the excuses up till now.

However, I have accepted an offer to sell the property and the only thing holding up the sale is him. Basically our relationship has turned sour and he apparently has nowhere to go so cannot leave the house. I am therefore left to stump up the mortgage payments every month and have to contend with a delayed sale.

We had an understanding (tenant and I) that should I receive an offer for the property he would move out on 2 weeks notice. This was written into the contract. My conveyancing solicitors are now telling me that this is an invalid contract and that I cannot give notice less than 2 months prior to the end of the contract.

The contract was a 12 month contract to 26th June. I cannot wait until then for the notice to expire. He is in a desperate situation and has asked the council for help but is not being given priority as there is no order from the court for possession.

What would be the quickest way to obtain the order?

I understand that AST's are only legally valid for 6 months? Given that the one I have is for 12 months does that mean I cannot issue notice until 26 April to expire on 26 June or would it have been possible to issue notice anytime post 6 months of the tenancy having elapsed?

Once the notice has elapsed, is it correct that I can apply for an APO which will take effect within 28 days?

Would appreciate anyone's thoughts on this. He's driving me bonkers!

Thank you.