UK Landlord Forum / Life

Hello all.
Beginning from the start in June this year. I employed a local estate agent to find and vet a tenant for us for our furinshed bungalow, a fee of the first months rent. (fair enough). they found a tenant, vetted her and said she's ok. she signed contract for one year to move in mid June, week later the agent said she didn't want the furniture, so we removed it and she signed anew contract to move in from 1st July, ok so far, August rent 9 days late, Sept ok, Octobers rent 33 days late for total amount, November paid half the rent by 30th so 30 days late, She will not let me inspect the property and will not answer the door, she has sealed the letter box.
I have spent hours researching what I can and cannot do and came up with (gov site) Form 3, Section 8, on Grounds 11. (This may be used in cases where the tenant has persistently provided late rent payments, even if the tenant is not behind in rent payments when proceedings begin) Filled it all in, took an independent witness who got no reply when knocking so he unsealed the letter box and posted form on 30th Nov 17. THESE GROUNDS ALLOW FOR COURT ACTION 14 DAYS AFTER ISSUE. Not chasing rent arrears at this point, just want her gone.

So questions;-
1. Should I have got the court to issue the Form 3 ?
2. If yes, What court, where ?
3. If no, what do I do next and where ?
4. Can I take her to County Court separately for unpaid rent while she is still in property ?

Next my agent.
Around the start of November I called in for advise, oh section 21 they said, they emailed it, no good as two months before court, I asked how they did their checks on her, oh we use RENTSHIELD who's conclusion was Accept. They said they would email me a copy. On 3 different sections it show REFER, the worst being about previous landlord property, Were any arrears recorded ? YES, Was high dilapidation recorded ? YES, would the Landlord re-let to this tenant ? NOT-GIVEN.
I then sent an email to them asking why I was never informed about this as if I had seen it I would have probably refused her. To date no reply from them.

Question. Do i have a case against them ?

Lastly, she is now at this time 11 days late in paying anything for Decembers rent.

Thank you in advance for any help

The trouble with Ground 11 is that it's discretionary, rather than mandatory, so you could go to court and still not get anywhere if the judge decides one or two late payments aren't sufficient grounds to evict, especially if that's the only grounds you're applying on. I'd be inclined to bang in a Section 21 anyway. Yes, there's the two month notice period but at least it's unarguable, (provided you've met your obligations with regard to protecting the deposit, issuing the prescribed information, etc)

As to whether you have a case against the agent, a lot depends on the wording of the contract. Is the agent a member of any of the professional bodies?

Years ago my then agents got me a tenant who never moved in.Property was to be used as a drop address for fraudulent activities,fake documents and illegal immigrants.The agents at the time did not request ID from applicants,and the company they used to do the checks gave this person (using a fictitious name,not even identity theft) top marks on all counts.
Upshot was,the agent refused to refund my fees or even apologise for the considerable distress and loss of income.I went to the Ombudsman.The verdict was that only the letting agent could claim from the credit check people,and I was then left with the choice of taking the LA to Small Claims.I had been on friendly terms with the latter family- run local company,so changed agents . In any case,I was told that the agents would claim they acted in good faith,so my chances would have been slim.   

Not sure the S21 is going to be much help for now (although may still be worth serving as a shock tactic) because the OP has indicated a year contract - which I assume means a fixed term for a year.

To answer questions:

1. Should I have got the court to issue the Form 3 ? No, you as the Landlord should serve it
2. If yes, What court, where ? See above
3. If no, what do I do next and where ? Go to the courthouse and ask for and complete forms N5 and N119 you will need to pay a fee. BE NICE TO THE PEOPLE IN THE COURTHOUSE, they will be the only ones that can tell you later where you are in the process and can even rescue a file that has gone to the wrong desk...
4. Can I take her to County Court separately for unpaid rent while she is still in property ? You could simply claim for posession under more than 'ground 11'

However heed the advice from Simon Pambin, discretionary grounds are troublesome - in fact the whole Section 8 route is fraught with danger and a rather substantial burden on the Landlord to prove a case.  Counterclaims for damage, ill-repair...abound.  Tenants can even claim their legal fees if the Landlord fails to prove a case.

Note the court will only make an order during the fixed term on ground 11 if the terms of the tenancy make provision for it to be brought to an end on ground 11 (thats from the form itself I recall) so you should check you tenancy agreement.

Can I infer from your post that although payments are ridiculously late she is only 11 days late in Dec payment? All the other payments are made up?  If then you might consider swallowing the pain - keep chasing things for 6 months and use the s21 route. Hard to see a judge turfing out a tenant [single mother(?)] just before Christmas for being 11 days late in the rent (if the other payments are now made up).

If nothing else please realise you should never (I mean pretty much never) do a fixed term more than 6 months. There is no need - if the tenant is happy then they will stay after 6 months and if they are not happy then you are probably better rid of them in long run.

As for the agent... forget it.  You are wasting you time, energy and chewing up your soul on that one.
Hopefully you protected the deposit in your name? and you have proof of serving the How to Rent?, EPC? etc and you have proof of testing the smoke alarms on day 1?,you are getting the rent direct? you have the immigration docs? and so on ....so you can just cut the agent out?

Best of Luck

WE WON. went to court yesterday, I made sure before hand I had tick every box, had all certificates with me and all conmunications (emails exchanged) She didn't turn up. Got a possession order and arrears plus court fees, all to be completed in 14 days. NOW I would like to book today a bailiff for day 15, can I do this now and how do I go about please.

I have hired an expensive lawyer who gives part answers.  Much like my ex mother-in-law gave part recipe ingredients.  In 10 days I file a Section 8 possession order and I have phoned the Courts who can NOT tell me where guidance notes are.  I believe I thoroughly understand 99% of the forms and issues required but have stumbled today. My tenants never paid deposit so could NOT register.  TDS advises they did not sign and return AST so can't register what is not there.  Anyway, to cut to the chase, I've written a kick@ss Particulars of Claim to go along with the N5 form.   I am asking for a Possession Hearing so HOW/WHERE does a Claim no. appear ?  Tenants are 4+ mo behind in rent and by a Hearing date, another few months - namely over £10k.   Previous landlord wrote letter on my behalf saying Tenants did this to them as well, so I feel in good shape.   I am going on Grounds 1, 10 & 11.  (Moving back into property, consistently late payments or nonexistant payments. 

Page 2 of N5 states  "Does, or will, the claim include any issues under Human Rights Act 1998.  Of course I'm not ticking it but........the Tenant hacked into my computer (really - confirmed by IT company) sent threatening emails (immediately forwarded to police) and then deleted email.  Only to re-insert on computer 3 days later.   Tenant stated he will claim I am in Breach of Section 3 of the Human Rights Act of 1988.  Having read it..........still doesn't make sense to me. 

WITH my particulars of claim I have dozens of sworn witness statements, their emails proving they lie and cheat.  I assume I send all of this with the N5 on 5th Feb?
seriously - help.  can't afford more lawyers. 

how DO YOU get help and responses on this forum?   You say.......don't be a one post wonder.  I'd like ANY post in response !

Why did you not start your very own thread? With a shiny title and everything... it might get some attention.

It might not. Jumping on the end of another thread is a surefire way of being ignored, though, I know that.

Good enough for ANY post?