Help with Court Meeting, Eviction of Tenant
Discussion
Hi
We have a situation where from January 2019 the tenant has paid £100 of a £600 rent bill.
We have issued a section 21 and they were told to leave by the end of Sept but did not.
The tenants are arguing they want to stay for a further 4 months as they have children.
Its going to a court hearing which is something we have not dealt with before and after some advice on what to say and bring.
Many thanks.
We have a situation where from January 2019 the tenant has paid £100 of a £600 rent bill.
We have issued a section 21 and they were told to leave by the end of Sept but did not.
The tenants are arguing they want to stay for a further 4 months as they have children.
Its going to a court hearing which is something we have not dealt with before and after some advice on what to say and bring.
Many thanks.
Prepare all your evidence, their payment and contact history. Effort you've made to help them resolve the matter and why they are in breach of contract.
The court should side with you in this unless you have been unreasonable and/or threatened them.
Been through this a few times and this is why we no longer have any rentals as it's getting far too commoner for people not pay their bills and rent.
The court should side with you in this unless you have been unreasonable and/or threatened them.
Been through this a few times and this is why we no longer have any rentals as it's getting far too commoner for people not pay their bills and rent.
If you have served a Section 21 Notice you do not have to provide evidence of breach of Tenancy.
The judge has to give you possession. However if you have not served all the correct notices at the start of the tenancy or when serving the Section 21 Notice your application could be rejected.
Ensure that you takes copies of all evidence with you.
The judge has to give you possession. However if you have not served all the correct notices at the start of the tenancy or when serving the Section 21 Notice your application could be rejected.
Ensure that you takes copies of all evidence with you.
MJG280 said:
If you have served a Section 21 Notice you do not have to provide evidence of breach of Tenancy.
The judge has to give you possession. However if you have not served all the correct notices at the start of the tenancy or when serving the Section 21 Notice your application could be rejected.
Ensure that you takes copies of all evidence with you.
ThisThe judge has to give you possession. However if you have not served all the correct notices at the start of the tenancy or when serving the Section 21 Notice your application could be rejected.
Ensure that you takes copies of all evidence with you.
As BV72 said, unless you know what you're doing take advice.
I was at a talk given by Paul Shamplina. Some of the stunts pulled by tenants makes you wonder if it's worth been a LL
skilly1 said:
Hi
We have a situation where from January 2019 the tenant has paid £100 of a £600 rent bill.
We have issued a section 21 and they were told to leave by the end of Sept but did not.
The tenants are arguing they want to stay for a further 4 months as they have children.
Its going to a court hearing which is something we have not dealt with before and after some advice on what to say and bring.
Many thanks.
Are you using a letting agent or are you DIY? if DIY would be worth getting a sol to check over your documents.We have a situation where from January 2019 the tenant has paid £100 of a £600 rent bill.
We have issued a section 21 and they were told to leave by the end of Sept but did not.
The tenants are arguing they want to stay for a further 4 months as they have children.
Its going to a court hearing which is something we have not dealt with before and after some advice on what to say and bring.
Many thanks.
Have you protected the deposit, do you have a valid gas safety certificate? if not you will be prevented from recovering the property?
S21 did you use the latest version s21 6a ?
What’s the full details of the rent due and the rent paid between January and October?
£60 pcm rent obviously isn’t the case for somewhere you could be leting to a family of four +. If the rent is £600 pcm, they missed one month at Christmas and have tried but struggled to catch it up while paying 10 months rent on time I think eviction is extremely heavy handed.
£60 pcm rent obviously isn’t the case for somewhere you could be leting to a family of four +. If the rent is £600 pcm, they missed one month at Christmas and have tried but struggled to catch it up while paying 10 months rent on time I think eviction is extremely heavy handed.
Black_S3 said:
So they’ve paid 100 per month for 10 months? Meaning their 1k paid on 6k due.
Or just for one month back in jan? Meaning they’re 5.5k paid on 6k due.
OP said from January so the implication is that they’ve been in arrears by £500 each month, i.e. they’ve paid £100 a month instead of £600.Or just for one month back in jan? Meaning they’re 5.5k paid on 6k due.
Doesn’t sound like there are any winners in this. Tenants might be on some really hard times, but doesn’t change the circumstances.
skilly1 said:
Thanks for the reply's, I will get professional advice. The rent is £600pcm, and they only paid £100pcm.
Deposit is in a scheme and we have gas certificate.
Sounds like you've gone DIY (and there is no harm in that, I have also).Deposit is in a scheme and we have gas certificate.
Sounds like tenants are relying on HLA as well? Are they? If they are you can contact the Council and get the to divert their HLA directly to you due to the arrears.
As you're more than 2 months in arrears then it's a section 8. It's quicker.
Next time don't let it drag despite what sob stories you're told. I've had arrears, and sob stories with no offer to sort. A S21 focused their minds quite quickly.
If I were in your shoes I'd give Landlord Action a call, if not to use their services, then simply for advice. You can also join a landlords association and seek their advice.
The Mad Monk said:
So they have paid next to nothing? Will you go away if i pay you?
losing 500 per month plus legal fees which will most likely end up at high court enforcement, any intelligent person would do the maths, as a 1k payment is much better than xk loss.Edited by Thesprucegoose on Monday 14th October 20:52
t system very much in favour of tenant. I've seen a friend lose it all over a BTL gone bad. But the important thing is time, act fast, act legal. Cover all bases. skilly1 said:
Hi
We have a situation where from January 2019 the tenant has paid £100 of a £600 rent bill.
We have issued a section 21 and they were told to leave by the end of Sept but did not.
The tenants are arguing they want to stay for a further 4 months as they have children.
Its going to a court hearing which is something we have not dealt with before and after some advice on what to say and bring.
Many thanks.
There's a strong chance of this not going in your favour in court if they are good with sob stories and waterworks.We have a situation where from January 2019 the tenant has paid £100 of a £600 rent bill.
We have issued a section 21 and they were told to leave by the end of Sept but did not.
The tenants are arguing they want to stay for a further 4 months as they have children.
Its going to a court hearing which is something we have not dealt with before and after some advice on what to say and bring.
Many thanks.
https://www.4-5.co.uk/
Disclaimer:. I have a professional association with those chambers as a non resident member (I work abroad), but I have no financial interest in recommending them. I do not practise in the field of housing law.
Disclaimer:. I have a professional association with those chambers as a non resident member (I work abroad), but I have no financial interest in recommending them. I do not practise in the field of housing law.
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