UK Landlord Forum / Life

I always prefer to do things myself. not only is it generally cheaper, but I also learn a huge amount.
I am in the unfortunate position where I have given my first eviction notice. section 8, grounds 8, 10 and 11.
My question is what to do next.
I have offered an ultimatum, either the rent arrears are paid in full within 2 weeks, or I take the matter to the courts.

I presume I go and apply for a hearing date, and I go and explain (with my rent book) that no rent has been paid.
And then they give a possession notice.

This would give the tenants enough time to move out.

If they fail to move out on the dates specified, I assume I return the the courts and ask them to enforce the eviction.

Would I be given an option to recuperate the costs and the rent arrears? and can anyone tell me about their own experiences?

I'm new to this, and I would like as much information as possible!!!

Your presumption presumes the Tenants don't challenge your Section 8, with other stuff. They might. They might get a stay of execution.

I dont think they would have any grounds to challenge it.
I recently fitted a new boiler and repaired a few walls of plaster as soon as I knew about those problems.
They have not paid any rent at all for 2.5 months and have never reported any problems in writing.

No, I agree with you - but even the challenge of a spurious disrepair issue - one you might say you'd never heard or, or one that is inconsequential - has the possibility of derailing things. That is the inherent risk of the Section 8 - it has a defence, whereas (if you've done everything properly) a Section 21 doesn't. Of course, I do understand you have no choice here.

Ahh Thank you hippogriff.
You seems to have a lot of skills and experience in this area, and being a new landlord, this knowledge is especially valuble to me.

I feel I may have made a mistake in my procedures however.
When I issued you the section 8 notice I gave the notice to the tenant directly, however, the only witness was a member of her own family.
Perhaps I should have sent 2 copies via two different post offices which would prove I had done this more clearly.

To make matters worse, I placed a timescale of 2 weeks to vacate the property. However someone today informed me that 2 weeks notice is definitely not enough, and it would make the notice invalid... could you help me with this? How long should I give my tenant?

As for the tenants defense, I don't think they have one. They are nto the sort of people who would attend court if you know what I mean.
I am 110% sure they wont even get out of bed.

I know that I am supposed to show the rent book at a court hearing, which I would show my bank account and the fact that nothing has ever been paid into it at all.
So that part is cut and dry.

I'm just trying to comb every aspect of this as I know it must be 100% perfect for it to go through.

Just as some background, I didn't choose this tenant, they were already in the property before I bought it.
I have warned them peacefully many times that they have not made any payments what so ever, and they constantly claim to put the money in the bank every week.

Obviously this has never been done, but I don't feel any emotion for them, they are aware of what they are doing and they are not short of money, I witnessed the delivery of a new 50" and new dinning table and chairs last week.

I'm really asking for your guidance on this one hippogriff!

No, no experience - I've never served a Section 8.

I've only ever served Section 21s... and I'm very confident in them, for obvious reasons.

I thought you could not serve a Section 21 because they were 'new' Tenants... but if they were in the property when you bought it - the questions I would be asking of you now are simple - how long have they been in the property for (how long has their tenancy existed) and how long was their fixed term? The answers to that might mean a Section 21 is possible - a new Landlord does not create a new tenancy, unless you've specifically asked them to sign-up to a new AST (and they agreed).

However, of some importance too, I think, is whether you have formally notified the Tenant that you're their Landlord and rent is due. You must do this as you step into the old Landlord's shoes - as per Section 3 of the Landlord and Tenant Act 1985 - Duty to inform tenant of assignment of landlord's interest:

http://www.legislation.gov.uk/ukpga/1985/70

To me, any failure to do that would be a valid defence against a Section 8. I realise you think your case is cast-iron, and it might be, I'm just thinking of angles here - because of my own reluctance to ever need to serve a Section 8, which I feel is fraught with danger (for the Landlord).

BTW - you can give 14 days notice with a Section 8. The AST you either inherited or had them sign should detail how you need to serve the Section 8 notice - not specifically, but a section generically for notices.

Ahh ok thanks. It seems I am right about the 2 weeks notice, However, I should be more careful with some other things...

Quote > The tenants must sign and return a copy to the landlord. Landlords should always keep a copy of the notice served, along with a record of the date and method of service, the name of the person who served it and any witnesses.

I never asked them to sign anything, I just handed the notice over. I find it really strange that a tenant would even agree to sign their own eviction notice!
I mean, how can that possibly be in their interests? and what happens when they (most always) will refuse to sign it?
Do I just walk out the property like an idiot? There's got to be more to it than that?

As for giving her notices, I have spoken with her multipe times but I have not done anything in writing except the section 8.
I may have to re-thin kthis and send her a letter first. but couldn't she always say she never received it? - I guess I would have to send that via recorded post?..

I'd like to thank you once again for keeping my mind sharp! - it's very beneficial to me when I'm learning!

The tenant was in the property when I bought it. She had been renting the property since August last year. I assumed I would need to renew her tenancy agreement when I bought the properties as the previous agreement was not in my name.

She is fully aware that I am the new landlord as she has seen the title deeds and register with my name on... and She has just received a brand new boiler. which I paid for.

Currently I am not sure if she was up to date with her rent before I bought the property. The previous owner said she was, but I never seen any proof of that. (only his official statement during the conveyancing.) Needless to say the previous landlord never maintained the property, and has somehow disappeared to india since the property was sold.

So far, I have re-plastered multiple walls, fixed a leaking radiator, fixed multiple broken window handles, plus other things. I have fully intended to be a good landlord, but all these expenses are mounting up, and she currently owes me more than £1500. I'm getting really concerned!

I know I am answering my own thread, but I found an amazing government resource on this topic. I'll leave a link as I feel it would be useful for anyone reading this thread...

https://www.gov.uk/guidance/gaining-possession-of-a-privately-rented-property-let-on-an-assured-shorthold-tenancy