Troublesome Tenant-Please help

[mpeverton1980]

Re: Troublesome Tenant-Please help

No as suspected she has stayed put! now for the next step. Warrant to the courts for a bailiff! sent form off yesterday so hopefully it will not be too long now...... it is tiring me out somewhat I must admit. Valuable lesson learnt.

[PlanB]

Re: Troublesome Tenant-Please help

Possession order granted on Thursday. . . . 14 days to remove herself . If she refuses then i can apply to court for bailiffs to get involved.

Has Miss Trouble removed herself

[PlanB]

Re: Troublesome Tenant-Please help

Possession order granted on Thursday. Due to no show he resolved on my evidence alone.

Now that's what I call a miracle! You had given her an assured tenancy agreement so you were stuck with her for life and her descendants

When you've got a second can you update on what happened in court. I assume you were granted possession on the basis of rent arrears, but it depends what is written in the court order as to how you can claim that money. If it is a money judgement then you use that, but if there is no mention of the sum due n the possession order then you will have to issue a new county court summons. You should be fine with that since you already have a possession order for that reason (rent arrears).

[diddlydee]

Re: Troublesome Tenant-Please help

Congrats, mpe. I hope all goes smoothly and that they leave without fuss. It's great that it went in your favour despite the few hiccups.

Well done to PlanB - another success story

[tastyjane]

Re: Troublesome Tenant-Please help

I would especially like to thank PlanB, I know she usually fights for the tenant but gave MP fantastic advice over a situation that was just so stressful for them. I'm so glad its nearly over for you now, but next time don't forget that one little word Jane x

[cymruambyth]

Re: Troublesome Tenant-Please help

That's great news. Well done and thanks to PlanB who certainly knows how to deal with housing issues.

[mpeverton1980]

Re: Troublesome Tenant-Please help

Hi, certainly do. 👍Possession order granted on Thursday. Due to no show he resolved on my evidence alone. 14 days to remove herself. If she refuses then i can apply to court for bailiffs to get involved. (Massive relief for me and my family) i have certainly learnt my lesson on this! I cannot thank you and the forum enough! And JB for directing me here! Could 😘you all!!!

[PlanB]

Re: Troublesome Tenant-Please help

A little bird tells me you have an update on this nightmare

[PlanB]

Re: Troublesome Tenant-Please help

Didn't go to plan at Court today. I was very hopeful this morning and when the tenant didn't turn up thought it would have just been a formality really.

However the court referenced the local councils letter (Type of tenancy) and adjourned the case for 2-3 weeks to give my tenant chance to raise a defence. . . . If the tenant does not put a defence together in this time then I will automatically be awarded the possession order!..

I had a feeling the Assured Tenancy issue would get in the way If it hadn't been for that you would have got your possession order today since your Tenant didn't turn up for the hearing.

How did the court get to see the Council's letter, did you provide it with your application? Once the court had seen that letter the DJ would be wary of making an order for possession which could result in a set-aside application from the Defendant (Tenant) since you cannot use Section 21 on an Assured Tenancy (as far as I'm aware). It does seem the DJ was doing her job for her because she hadn't filed a Defence raising the Assured Tenancy issue. Courts do tend to side with Tenants and make possession orders only as a last resort.

Have you now served your Section 8 Notice on the Tenant and did the judge make any comments on either the s.21 or the s.8 as grounds for possession? Your Section 21 Notice didn't look compliant to me but maybe the court will accept its 'informality' because you are a LIP. Although that won't get round the Assured Tenancy problem if she does file a Defence.

Is there anyone who can keep watch on the property to see if the Tenant moves out? Some will do a runner once they know there's a repossession on the cards. She won't get re-housed by the Council if she has rent arrears because she'll be classed as *intentionally homeless* but only if you've included the rent arrears in your application and the possession order specifically refers to them. As a single person with no children she won't be seen as being in Priority Need either. She may not want to hang around if she can't use your repossession as a way to get a council place.

If the Tenant didn't show up this time then maybe they won't show up next time. When you've got over the events of today, please let me know as much as possible in case I can help you prepare for the next hearing. Even if your Tenant moves out you have no automatic right to enter the property until you have a possession order.

At least you've got rent coming in while this plays out so not all bad Forget about it over the Easter weekend while you enjoy time with your family.

[mpeverton1980]

Re: Troublesome Tenant-Please help

Hi All, just update for you. Didn't go to plan at Court today. I was very hopeful this morning and when the tenant didn't turn up thought it would have just been a formality really.

However the court referenced the local councils letter (Type of tenancy) and adjourned the case for 2-3 weeks to give my tenant chance to raise a defence. He advised me to take some advice but financially cannot afford too! (catch 22 scenario really) If the tenant does not put a defence together in this time then I will automatically be awarded the possession order!..

Thanks to all for your help on this, I will never forget the support advice given by you all.X

[PlanB]

Re: Troublesome Tenant-Please help

I've remembered one more thing which may help you in court tomorrow.

Take that letter from the Council which says you will be getting HB payments direct because they can't/won't pay you direct unless your Tenant has 8 weeks rent arrears. This will act as evidence that your Tenant has rent arrears so you're entitled to possession under Section 8. I say this because your Tenant may argue that they're not in arrears and the onus is on you to prove that they are since it's your application.

If your application fails then ask the DJ whether you have to make a fresh application using Section 8. It may mean going back to the drawing board but at least you are now getting the rent paid which should tide you over until you remove this troublesome Tenant *

* MP told me about the HB direct payments in an email which is why you won't have seen it on his thread.

[PlanB]

Re: Troublesome Tenant-Please help

I've received and read your email

Good luck with your hearing tomorrow. If you've served the Section 8 Notice then you're in with a chance. Take a copy of it with you to show the DJ.

If you have only sought possession on the grounds of Section 21 (and didn't mention Section 8 in your application) then you may come unstuck. From memory you didn't serve the Section 8 Notice until after you had issued proceedings which could be the problem. A court can only deal with whatever is asked for in an application.

Take a copy of the Section 21 Notice with you too and argue that it's valid if challenged. If the Tenant or their representative tell the court that they have an Assured Tenancy not an AST then you may fail to get possession.

However if no one turns up (which is often the case) you should keep your mouth shut about the Assured Tenancy and hope the DJ gives you the Order you are seeking.

I would also tell the court that you are only seeking possession because you're at risk of having the property repossessed due to rent arrears because this means without rent coming in you can't pay your mortgage. Go for the synmathy vote if the DJ is dithering or sitting on the fence.

Let us know how you get on. I'll keep my fingers crossed for you

[PlanB]

Re: Troublesome Tenant-Please help

the court has listed your possession hearing date for 17th April.

Are you going ahead with this hearing next Thursday or did you make peace with your Tenant and persuade the Council to pay their Housing Benefit direct to you in future? I know you want rid of them for other reasons but in the meantime you needed to stabilize the financial situation. If you can get that HB paid into your bank account it should continue to be paid all through the lengthy eviction process.

If you're not getting the rent then I expect you may be facing cash-flow problems with your mortgage which need to be tackled. If that is the case then I'm happy to help if you want. The first question would be is the loan a Buy To Let mortgage or a residential mortgage? If it's the latter does the lender know you've moved out and let it (you will need their permission to do this to avoid any breach of contract issues)? I ask because the two products would be handled differently in the event of legal problems.

Anyway, I'm here if you need me

[mpeverton1980]

Re: Troublesome Tenant-Please help

tempted, very tempted ha

[CleverClogs (RIP)]

Re: Troublesome Tenant-Please help

So my only choice really is issue a section 8 over the next few days and court date would stand up with some substance.
Failing that I make peace and re-issue a AST and wait 6 months?

Or invite her up to your mansion and feed her to the piranha fish in the moat?