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  • Problem Tenants

    Section 8 success?

    Hi all,

    I’m very much a landlord in distress!

    Ive just had to serve my first section 8 almost two weeks ago - and it’s close to the point where I have to apply to the court for a date.

    Its a completely new experience - I've NEVER had a problem like this before - but i guess it’s just part of being a landlord.

    My question is - this tenant now hasn’t paid for 4 months, so before the court date, it’ll probably be 5 or 6 months without any rent.

    I plan to seek the rent owed - but will this be successful?

    Also - this tenant is a single individual in a 2 bedroom house on the ast - But they do have a child who stops over every so often. How much will this affect the chance of repossession with the s8?

    Thanks so much.

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    The child is a red herring I think as Tenant does not have full custody - so for practical purposes it is a single person who  has made themselves intentionally homeless due to rent arrears.

    Possession Order may then be mandatory at Court stage - though if Tenant refuses to leave you then have to instruct Court Bailiffs and/or in due Cours go via High Court to get a "next day g/teed eviction" as seen daily on Channel 5 TV.

    Maybe have a word with Paul Shamplina

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    You should also issue a section 21, just in case by a miracle he pays a payment before or on the court date, then you havent lost 2 weeks if a section 21 is needed.

    The child shouldnt make a difference.


    And recovery of monies will depend if hes working has assets etc, if so get a money claim and upscale to high court as soon as you have judgement.

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    Stephen Coles Dip RLPM

    Coles Property Management

    32 Lune Grove

    Blackpool

    FY1 5LE

    01253 291816

    07967 561210

    When you can’t use a Section 21 notice

    You can’t use a Section 21 notice if any of the following apply:

    • it’s less than 6 months since the tenancy started
    • the fixed term hasn’t ended, unless there’s a clause in the contract which allows you to do this
    • the property is categorised as a house in multiple occupation (HMO) and doesn’t have a HMO licence from the council
    • the council has served an improvement notice on the property in the last 6 months
    • the council has served a notice in the last 6 months that says it will do emergency works on the property
    • the tenancy started after April 2007 and you haven’t put the tenants’ deposit in a deposit protection scheme

    You also can’t use a Section 21 notice if you haven’t given the tenants copies of:

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    Dear Binma.

    Sorry to hear that you are experiencing such difficulties with your tenant.

    When the notice expires and you apply to the Court you will have to attend a hearing  this gives you the opportunity to  present evidence of the arrears and for the tenant to object. The judge at this point if he agrees with all your evidence and there is no issue with the AST or rent statement will usually grant possession and costs are usually attached the order which can be recovered on the date of eviction by a High Court Bailiff .

    As the child does not reside with the tenant full time it really has no bearing on your request.

    If you need further advise or information please feel free to contact me.

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