I recently served a Section 21 on my tenant who is supported by the Council (they originally provided financial support and a bond for the property). The S21 was based on late and under payment of rent.
The Judge agreed to the possession order giving 14 days for the tenant to move out. I don’t believe the tenant will move out in 14 days, confirmed by the council who emailed me to say “once the bailiff’s warrant has been received we are aware the tenant will have a date for eviction and will help them find alternative accommodation.”
A few questions:
Do I get anything in writing to say the possession order was granted? I processed everything through the Possession Claim Online service and haven’t had any correspondence yet. PCOL - Possession Claim Online
In terms of the grounds of the S21, ground 10 and 11 was agreed with the arrears being under 2 months and therefore ground 8 was not supported. How do I go about getting my arrears paid as there was no mention of this?
And finally, I’m trying to inspect the property so as I can evaluate what will need doing when the tenant is out and take photos in order to begin to market the property. I have an Assured Shorthold TA with the following clause:
9.34. To permit the Landlord, and any superior landlord, or the Landlord’s employees/agents at all reasonable times by giving the Tenant 24 hours notice (except in an emergency):
to enter the Premises to inspect the same and the Landlord’s furniture and effects therein (if any) and to carry out any works of maintenance or repair to the Premises or elsewhere which the Landlord may consider necessary. If the Tenant fails to allow access and such failure causes the Landlord to incur costs, the Tenant shall be liable for all reasonable losses resulting as a consequence.
I’ve emailed and text the tenant many times and am being ignored. Can I turn up at the property at a time stated to the tenant and let myself in?
when the council give incentives to landlords to take on a tenant they have on their list , it is like saying to us “do NOT take on this person” Red flag every time . The are not to be trusted.they cannot house all those in need . That is what selling off council houses years ago has brought us to
And not building new affordable accommodation, onlly luxury apartments. In fact, this year government had scrapped their target for new builds. That was when my heart went faster. I understand what it means, as well as repercussions on LL. Funny, how TT still don’t get it.
Yes you should eventually get a possession order through the post. It took mine about 2/3 weeks to to get.
If the tenant doesn’t leave by the date agreed then you need to complete form N325 warrant of possession.
That will take another month or 2. I applied on 20/09 and was advised bailiff availability is going to be around November. Called the court today, they have my form and payment but haven’t processed it yet. Backlog apparently.
Whole system is a joke.
I have now received my possession order which includes stating that the tenant has to payment the money owed - whether they do or not is a different matter I guess.
I’ll begin to look at the N325. It looks like this gets sent (by post) to the same court - is that right?
I have now received my possession order which includes stating that the tenant has to payment the money owed - whether they do or not is a different matter I guess.
I’ll begin to look at the bailiff notice as a next step - the N325 I think. Things are weighted so much in favour of the tenant!
Yes that’s correct or you can email it but make sure you give your phone number on email so they can call you to take payment.
In the N325 form there is a section which you can add in how much the tenant owes you so if they haven’t paid.
As others have said, NEVER take a tenant from the council… They are invariably ones they have to house but don’t want in their own properties.
There is also a really stupid “system” and anyone who wants to jump up the council house waiting list, here is how it’s done
Rent a property
Stop paying the rent
Get taken to court
Get evicted by bailiffs
At that point you are homeless and the council will weigh in… Why they can’t say you have intentionally made yourself homeless and leave you on the street I don’t know.
This is the local equivalent of the boat people… When it works for one, others will try it
You need a specialist solicitor who is reasonable on fees. Many Judges will throw out a repossession for the smallest technicality, they are heavily biased towards tenants. Few judges have any real understanding of what its like to rent out. Plus in the county court they are inconsistent.
Oh and yes have nothing to do with councils a ratsnest of socialism
The golden days of renting were actually in the last century
Honestly! I’ll defo avoid council, but even private renting is a nightmare. Tenant power it seems!! Im 10 months down with no rent! Awaiting the possession order from the courts! Which feels a complete waste of time when you still need to apply for warrant for eviction.
Out of interest, whilst waiting for those 14 days to expire what have people done in terms of checking if they have left the property or not?
