Eviction process help please
Discussion
Cutting a long story short I have a tenant that has been giving me the run around for the last 6 months and playing on my good nature.
He is in debt to me in excess of 12k, he fell on hard times I tried to help but there is a limit which I have reached, and made him fully aware in advance.
I filed for a section 21 which is just for the possession of the house not for the rent owed ( I know there is a shorter process but section 21 it is) I am at the stage now that I have sent in the county court papers, which are titled Notice of Issue (accelerated possession procedure) (assured shorthold tenancy).
This is where I need help, I have been told that once a judgement has been made it will be at least 6-8 weeks before the bailiffs are instructed to take possession. In the meantime the tenant has still not paid, and probably won't.
I am told that I should take out a N244 section 42 which will cut the time down for the eviction, looking at the form I am not confident about filling it out, so any advice would be appreciated.
I don't want to escalate my cost by instructing a lawyer but maybe that's the way to go, if that is the way to go can I have phone numbers please.
He is in debt to me in excess of 12k, he fell on hard times I tried to help but there is a limit which I have reached, and made him fully aware in advance.
I filed for a section 21 which is just for the possession of the house not for the rent owed ( I know there is a shorter process but section 21 it is) I am at the stage now that I have sent in the county court papers, which are titled Notice of Issue (accelerated possession procedure) (assured shorthold tenancy).
This is where I need help, I have been told that once a judgement has been made it will be at least 6-8 weeks before the bailiffs are instructed to take possession. In the meantime the tenant has still not paid, and probably won't.
I am told that I should take out a N244 section 42 which will cut the time down for the eviction, looking at the form I am not confident about filling it out, so any advice would be appreciated.
I don't want to escalate my cost by instructing a lawyer but maybe that's the way to go, if that is the way to go can I have phone numbers please.
I'd pay for the lawyer. There may be a cost, but there is also a cost to the tenant remaining after the sec 21 has been granted. If the lawyer gets the tenant out faster, you mitigate your losses.
I hope you're aware that the section 21 can only be granted after the fixed tenancy term has expired (issue the notice 2 rental periods before the term expires.)
If you want to issue before the fixed term expires, you must use a section 8.
There's an accelerated section 21 procedure that you can use if you are not claiming arrears. If you do use this procedure, there is nothing stopping you from taking the tenant to the small claims court after you've turfed them out.
Section 8: Issue at any time. Possession not guaranteed. You must have a good reason (these are defined, google it). If you lose, you can be liable for the tenants costs.
Section 21. Granted after the fixed tenancy period has expired. No reason necessary, possession guaranteed to be granted. Accelerated (without rent arrears) or normal tracks available.
Once possession is granted, through which ever route, you then need to get an eviction order and get them turfed out.
Fortunately, my tenant left on time when the section 21 became valid. e.g. end of the tenancy agreement, so I'm afraid I have no experience of enforcing.
I hope you're aware that the section 21 can only be granted after the fixed tenancy term has expired (issue the notice 2 rental periods before the term expires.)
If you want to issue before the fixed term expires, you must use a section 8.
There's an accelerated section 21 procedure that you can use if you are not claiming arrears. If you do use this procedure, there is nothing stopping you from taking the tenant to the small claims court after you've turfed them out.
Section 8: Issue at any time. Possession not guaranteed. You must have a good reason (these are defined, google it). If you lose, you can be liable for the tenants costs.
Section 21. Granted after the fixed tenancy period has expired. No reason necessary, possession guaranteed to be granted. Accelerated (without rent arrears) or normal tracks available.
Once possession is granted, through which ever route, you then need to get an eviction order and get them turfed out.
Fortunately, my tenant left on time when the section 21 became valid. e.g. end of the tenancy agreement, so I'm afraid I have no experience of enforcing.
ozzuk said:
why wouldn't you just do a section 8? Doesn't sound like any way he'll find the money to pay back rent to stop it.
Section 21 accelerated procedure is (marginally) faster - but given the arrears, I agree that section 8 and claim the arrears at the same time would probably be better. It's only longer by a week or two, in my experience. If he has already filed the accelerated possession proceedings though, he's better off sticking with that.OP, section 42 is a reference to asking the court to allow you to use a High Court Enforcement Officer to execute the warrant of possession, rather than the default method of county court bailiff. They can be quicker. I find the wait is typically 4 weeks, but I've heard anecdotally it can be more than that in some courts.
The court has to be persuaded that there's a good reason to allow transfer up to the High Court to enforce - further considerable delay, in light of the amount of the arrears, may be considered good enough reason - but much is left to the judge's discretion, and it shouldn't be regarded as a formality that permission will be granted.
(IAALBNYL, and similar Breadvan-esque caveats apply!)
For £79.95 one can join the Residential Landlords Association, then gaining all the information you require, including telephone legal helpline, link www.rla.org.uk/
With over 60% of Section 21 Notices failing at court, the same either being due to being completed incorrectly or by failing to provide the tenant with relevant documentation, the Right to Rent and or Annual Gas safety Certificate etc. then my advice to the OP is to double check that the Section 21 is valid.
I am surprise at the amount of rental arrears, and it also never surprises me why landlords delay serving Notice for rental arrears, and why as in the OP's case a Section 8 Notice is not used for the same. The TWO month rental arrears falls on the second anniversary month, when the tenant has failed to pay the rent, example being if the tenant's first failure to the monthly rent is 2 January 2019, and the second is 2 February 2019, then the Section 8 Notice can be issued immediately after 2 February 2019.
With over 60% of Section 21 Notices failing at court, the same either being due to being completed incorrectly or by failing to provide the tenant with relevant documentation, the Right to Rent and or Annual Gas safety Certificate etc. then my advice to the OP is to double check that the Section 21 is valid.
I am surprise at the amount of rental arrears, and it also never surprises me why landlords delay serving Notice for rental arrears, and why as in the OP's case a Section 8 Notice is not used for the same. The TWO month rental arrears falls on the second anniversary month, when the tenant has failed to pay the rent, example being if the tenant's first failure to the monthly rent is 2 January 2019, and the second is 2 February 2019, then the Section 8 Notice can be issued immediately after 2 February 2019.
Well I said I would post the progress, the section 21 was returned and I failed to strike out part of it, I corrected this and sent it off.
I had to wait a further 6 weeks for the court to take another look at it.
It came back with a possession order for the 25/3/2019 the tenant has still not moved out, so will now go for a N244 to move it to the high court.
That's where I fall down the N244 is beyond me seeing as it need to be perfect.
So have contacted legal4landlords unless you guys know better.
Would the residential landlords be a better bet?
I had to wait a further 6 weeks for the court to take another look at it.
It came back with a possession order for the 25/3/2019 the tenant has still not moved out, so will now go for a N244 to move it to the high court.
That's where I fall down the N244 is beyond me seeing as it need to be perfect.
So have contacted legal4landlords unless you guys know better.
Would the residential landlords be a better bet?
Edited by ratboiler on Monday 1st April 17:31
Edited by ratboiler on Monday 1st April 17:37
Well I said I would post the progress, the section 21 was returned and I failed to strike out part of it, I corrected this and sent it off.
I had to wait a further 6 weeks for the court to take another look at it.
It came back with a possession order for the 25/3/2019 the tenant has still not moved out, so will now go for a N244 to move it to the high court.
That's where I fall down the N244 is beyond me seeing as it needs to be perfect.
So have contacted legal4landlords unless you guys know better.
Would the residential landlords be a better bet?
I had to wait a further 6 weeks for the court to take another look at it.
It came back with a possession order for the 25/3/2019 the tenant has still not moved out, so will now go for a N244 to move it to the high court.
That's where I fall down the N244 is beyond me seeing as it needs to be perfect.
So have contacted legal4landlords unless you guys know better.
Would the residential landlords be a better bet?
Edited by ratboiler on Monday 1st April 17:31
Edited by ratboiler on Monday 1st April 17:37
I'm not convinced that by the time your application to transfer the possession order up to the High Court has been filed, waited for a judge to look at it, waited for the court to produce the order and post it to you will be any quicker than just going down the warrant of possession route.
If it's a straightforward eviction and the tenant is unlikely to cause problems by (for instance) barricading themselves in or having large dogs to deter the bailiff, there's no real advantage to transferring it up.
i was under the impression that the court doesn't just rubber-stamp applications to transfer up any more either, in the absence of reasons why it's thought an HCEO would be preferable to the county court bailiff. Could be wrong about that though - I haven't gone down that route in quite a while.
If it's a straightforward eviction and the tenant is unlikely to cause problems by (for instance) barricading themselves in or having large dogs to deter the bailiff, there's no real advantage to transferring it up.
i was under the impression that the court doesn't just rubber-stamp applications to transfer up any more either, in the absence of reasons why it's thought an HCEO would be preferable to the county court bailiff. Could be wrong about that though - I haven't gone down that route in quite a while.
Further to the above the tenant has paid 3/4 of the outstanding rent with a promise for the rest by the end of the month.
I took the advice not to go to the high court as this involved another application which as already said is not guaranteed to succeed.
Having filled in the forms to get the bailiffs involved 3/4 of the owed rent has appeared in my account with a promise of the remainder by the end of this month.
The guy was in arrears due to another business going down and appears to be pulling round and wants to stay.
I still have the order of possession, can anybody tell me how long it is valid for?
My thinking is if he decides to fall behind with the rent then the possession order may still be valid
I took the advice not to go to the high court as this involved another application which as already said is not guaranteed to succeed.
Having filled in the forms to get the bailiffs involved 3/4 of the owed rent has appeared in my account with a promise of the remainder by the end of this month.
The guy was in arrears due to another business going down and appears to be pulling round and wants to stay.
I still have the order of possession, can anybody tell me how long it is valid for?
My thinking is if he decides to fall behind with the rent then the possession order may still be valid
ratboiler said:
I still have the order of possession, can anybody tell me how long it is valid for?
Six years. It's still potentially enforceable after that but you would need to apply to the court for permission to do so.If you grant the tenant a new tenancy (which admittedly sounds unlikely!), that would invalidate the possession order and you'd need to start afresh.
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