Advice sought how best to evict our tenant | Discuss

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Advice sought how best to evict our tenant
08/05/2016
3:23 pm
southeast
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Hi I’m new to the forum here and looking for advice. Sorry if this is in wrong place and a long story but we have researched as much as we can but we have a few wrinkles to any straightforward action.

In June 15 we acquired two nice new build detacheds from a developer and appointed and contracted with local lettings agent (agent 1) to market them at the £1500-1700pcm level. They were rented out very quickly. Tenant 1 is perfect, pays on time, no hassle, looks after property well.

Our issues are with tenant 2.

We would like to evict tenant 2 and recover rent arrears as soon and painfree as we can. Clearly we prefer to avoid spending lots of money but we would rather spend on fees and process than have a damaged property to deal with as our landlords’ insurance does not cover malicious damage by tenant, only 3rd parties.

To cut a very long story short the Agent 1 was rogue (redress scheme membership lapsed) and soon transferred management of our 2 properties to another connected letting agent (agent 2) without telling us, [and has now closed but set up again as sole trader]. We have not signed any management agreement with Agency 2.

By early October we found out things were not right when rent receipts weren’t in sync and were being paid by another company connected to Agent 2.

We then ascertained:

  • Neither tenant’s deposit had been placed into an official scheme
  • The landlords rent gurantee insurance we were promised as part of Agent 1’s management agreement had not been placed for either tenant
  • neither AST contract had a 6 month break clause
  • tenant 2’s contract had been signed by Agent 2
  • Tenant 2 (sole tenant with young children) hadn’t been referenced but we have been able to obtain a copy of the application paperwork
  • Tenant 2’s income/professional status had been misrepresented to us by agent 1 and they are self employed with sporadic earnings
  • Tenant 2 gave their partner as a referee and misrepresented the partners status we believe
  • Tenant 2’s partner was living in our property (“…but not all week…”)
  • We have copies of passports for tenant 2 and partner, we also have prior address for tenant 2 and an address for the partner’s family
  • Tenant 2 was then in arrears by about £1000.
  • Tenant 2 is routinely deceptive, always in arrears, pays rent in dribs and drabs, etc
  • Tenant 2 has at least been looking after the property pretty well.

We took control of both tenants from Agent 2 and through claiming for deposits against Agent 2 had them pressure Agent 1 to repay direct to us the lost deposit monies and rents still held on account. Agent 1 has also been repaying us all our finder fees etc charged for tenant 2 etc.

We immediately put Tenant 1’s deposit money into an official scheme ourselves.

Tenant 2 agreed in writing via email to accept a refund of their deposit against their rent arrears (Tenant 2 has not given us a new deposit since).

Tenant 2 did very briefly get their rent up to date in March but due to all the hassle and time consuming running around we were getting, we appointed a new Agent 3 to manage tenant 2 in early 2016. Agent 3 is very professional and now does all the rent arrears follow-ups and will have it all documented.

We had a satisfactory inspection of tenant/property 2 by Agent 3 in February.

Tenant 2 was due to pay April rent on 8th. Nothing received then, and nothing received since. As of today they are 2 months in arrears (£3200).

Tenant 2 has told us they receive childcare allowances/support, and some kind of child related healthcare payments but we have not been told about any receipt of any housing benefits, but we suspect this.

So we have a non paying tenant 2 months in arrears, with no deposit, and an AST signed by Agent 2 due to run out on 8 August 16.

We don’t have a reason to think Tenant 2 will deliberately damage our property but this is a concern with no deposit.

09/05/2016
2:56 pm
High Court Enforcement Group
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Hi Southeast!

Essentially you would need to decide if you just want the tenant out and write off the arrears or whether you want to try and recover the arrears and evict them. If it is the former (and some of the other members will be able to help you out more with this) you will need to serve a Section 21 notice, which means that you simply want your property back, but if you want to try & recover the arrears you will need Section 8 form. However I do believe that some LL’s actually serve both.

If after the notice period they do not quit, you will need to take them to court and gain a possession order and it is at this point that we strongly recommend that you request leave (ask permission) to allow your order for possession to be enforced by a High Court Enforcement Officer (HCEO) as although they may cost more, they will be able to arrange the transfer and eviction normally much faster that the County Court Bailiffs (some areas are quoting up to 12 weeks before they can arrange the eviction).

Here is a link to a free eBook which give’s some further details on the forms required and gives some examples of the type of wording to be used on the application forms to use HCEOs.  

http://thesheriffsoffice.com/r…..on-ebook 

Experts in fast, effective enforcement. From judgement enforcement to commercial rent arrears recovery, trust HCE to get you results.
08450 999 666 http://www.hcegroup.co.uk/contact/

09/05/2016
10:35 pm
Wolf Enforcement Services
London, West Midlands
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Hi southEast 

 

it it seems that you have got a complicated situation that needs resolving. 

As already advised you should prioritise which is the most important the possession or the Money claim.

whilst your main priority should be the possession as this will bring the costs to an end you will also be able judge wether it is worth pursuing your money order as at the time of eviction you can assess what goods the debtor has.   If a joint writ of possession and control has been pursued you serve the notice of enforcement at the time of eviction and have the goods catalogued thus binding these goods so the debtor is unable to sell. 

The issue is using the correct section to apply for possession taking in to account when the notice was issued.

We would recommend you ensure that the tenants have been issued with all relevant documentation required post October 2016 for section 21.

  • gas certificate
  • EPC
  • Deposit Bond Certificate 
  • How to rent 
  • Any licences (HMO cert) etc

we are finding that judges are not fully understanding the section 21 changes on documents that need to be issued so more than not enough is always a must.

We work with various partners who can help to guide you through the process of obtaining your Order of Possession and which route would be the most cost effective some offering fixed price fees for all your needs.

Again finding out from your local court the Bailiff turnaround for possession is also a good idea as this will help in your application to transfer up to the High Court if that is an option you decide to down.

 

If you need any further information do not hesitate to contact us 

Wolf Enforcement Services

High Court Enforcement Agents, Certificated Enforcement Agents & Civil Enforcement

Debtor & Tenant Tracing Service, Process Servicing, Repossession Specialist's, Trespasser Removal, Commercial Landlord Services ........

Wolf Enforcement Services Ltd are referral agents for Court Enforcement Services Ltd & their High Court Enforcement Officer Mr Simon Williamson.

11/05/2016
9:30 am
Landlord001
Guest
Guests

Hi Southeast

Go to the Council in the area of the property with an up-to-date rent schedule showing payments made and payments missing.

You have a right to be paid direct as soon as the tenants are two months in arrears.  They will give you a form to complete to receive direct payments.

Bear in mind you may not receive the full market rent but take whatever they give. This will stop the tenants pocketing the rent money they are claiming which they are not passing on to you. Deal with any shortfall down the line.

Do this asap!! You don’t need to inform tenants as the council will write to them explaining why their benefit payments have changed.

Good luck!
001

11/05/2016
8:44 pm
southeast
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08/05/2016
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Hello and thanks to everyone for the advice. It was very valuable all round. We are sending Landlord Action a case file tomorrow and depending that they say, aiming for a S.8 and S.21 and leave request for High Court.

@Landlord001 – we dont know if our tenant is in receipt of any benefits, and TBH, our landlords buildings/contents policy included the screening question: Would we have tenants on benefits? – to which reply was no, so would prefer to ‘avoid’ knowledge of this.

However for our reference anyway is it the case that once a landlord has a tenant on housing bens and is receiving direct payment from the Council its much much harder to get an eviction?

Many thanks

SouthEast

13/05/2016
9:25 am
Landlord001
Guest
Guests

Hi again Southeast

I think you are worrying unnecessarily about the benefit question of your lender.

However, if you make contact with the council you can let them know that the housing benefit is not being passed on, the council can then suspend the payment to the tenant to stop them profiteering from this situation. Getting them out is likely to take several months…..

You don’t have to take the benefit payments if you don’t want to. Just tell the council receiving such could invalidate your insurance etc. The aim is only to stop tax payer’s money going to the tenants.

While the tenants are in situ milking the system they are unlikely to go voluntarily!! Don’t make it easy for them to stay and fight eviction. Cutting off their financial ‘air supply’ should speed things up for you.

Good luck.

001

13/05/2016
11:51 pm
PaulBarrett
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southeast said
Hello and thanks to everyone for the advice. It was very valuable all round. We are sending Landlord Action a case file tomorrow and depending that they say, aiming for a S.8 and S.21 and leave request for High Court.

@Landlord001 – we dont know if our tenant is in receipt of any benefits, and TBH, our landlords buildings/contents policy included the screening question: Would we have tenants on benefits? – to which reply was no, so would prefer to ‘avoid’ knowledge of this.

However for our reference anyway is it the case that once a landlord has a tenant on housing bens and is receiving direct payment from the Council its much much harder to get an eviction?

Many thanks

SouthEast

The question to ask the insurance company is what sort of benefits!?

Even rich tenants usually receive state benefits 

Mostly forms of child benefits

Mostly insurers mean HB

.Even £1 of HB would make the tenants HB tenants!

But I certainly understand your paranoia

.insurers are sods

I doubt that you would need to claim anyway

Unless they try to burn the place down

HB is of more importance

 So ensure the sods are prevented from receiving HB even if you can’t get hold if it

15/05/2016
11:09 am
mummag66
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15/04/2016
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southeast said
Hello and thanks to everyone for the advice. It was very valuable all round. We are sending Landlord Action a case file tomorrow and depending that they say, aiming for a S.8 and S.21 and leave request for High Court.

@Landlord001 – we dont know if our tenant is in receipt of any benefits, and TBH, our landlords buildings/contents policy included the screening question: Would we have tenants on benefits? – to which reply was no, so would prefer to ‘avoid’ knowledge of this.

However for our reference anyway is it the case that once a landlord has a tenant on housing bens and is receiving direct payment from the Council its much much harder to get an eviction?

Many thanks

SouthEast

The problem is the council pay every two weeks it is confusing, do not trust them I made that mistake, turns out he owed them money they deduct it from me and have to get back off of him! He never paud before so now he soending his too up I am just about covering costs. They tell them to stay until evicted more money one big headache never again. If you accept £10 the judge will see this as them attempting to pay. I offerded mine 2 k to leave, he refused as using me to get council accommodation. Good luck mibe field x

15/05/2016
11:12 am
mummag66
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15/04/2016
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Fat fingers on reply and no glasses spelling errors

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