Munchie
Member
Registered: 17th Jul 01
Location: I swap goats for mobile phones
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Have a tenant that has not paid in months- served her a section 21 that means she has to move within a week from me writing this.
She isnt going to move.... We need her out...
Any advice to do this legally please?!
Not the usual- burn the flat down etc banter!
Cheers
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AndyKent
Member
Registered: 3rd Sep 05
User status: Offline
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Little option but to regain possession by employing a bailiff. you need to seek proper legal advice, not ask on the internet tbh.
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jrsteeve
Member
Registered: 3rd Apr 02
Location: Manchester
User status: Offline
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I'm guessing you served the section 21 notice 7-8 weeks ago?
If you think she's going to put up a fight then get a solicitor involved, you may have missed something or put an incorrect date in the notice, if so she's staying put.
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ChazSXi
Member
Registered: 26th Jan 03
Location: Waterlooville, Hampshire
User status: Offline
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Section 21 requires two clear months.
You need to make sure that you have inputted the 'requires possession after' date in correct also.
If she hasn't vacated when it expires, you need to go down the accelerated possession procedure route to obtain an order for possession. If she doesn't leave when that's obtained, instruct the court bailiff
[Edited on 14-03-2013 by ChazSXi]
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mattk
Member
Registered: 27th Feb 06
Location: St. Helens
User status: Offline
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go in and seize all her possesions, thata what Im doing if I dont get paid 
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Munchie
Member
Registered: 17th Jul 01
Location: I swap goats for mobile phones
User status: Offline
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Yes its coming up to 2 months now
Just need a little advice to try and sort this in a legal way.
Cheers!
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Kenni
Member
Registered: 29th Jan 01
Location: Worcester(sauce) Drives: VX220 & Zaffy GSi
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Has she paid a deposit?? If so, make sure its in a deposit scheme, else she can screw u over.
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ChazSXi
Member
Registered: 26th Jan 03
Location: Waterlooville, Hampshire
User status: Offline
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So section 21 was served correctly and advises that you require possession after the last day of a fixed term, or alternatively the last day of a periodic month ( if it has run on to a periodic tenancy)
If she hasn't vacated on the day you have required you need to go through the accelerated possession procedure.
The deposit if taken HAS to be in a secure scheme else you cannot utilise the service.
You need to complete the claim form (N244 iirc) and provide a copy of the tenancy agreement, statement evidencing service, copy of the section 21 notice and copy of the deposit form with reference number. Once you Have all these submit the form to the local county court along with the £175 court fee and it will then be issued and served.
The tenant will have 14 days from service to provide a defence. This will then be sent to the court and you. If the judge deems it necessary there may be an oral hearing. The section 21 is not utilising discretionary grounds, so unless there is a procedural error you should be ok. The tenant may ask for more time to vacate up to a maximum of 45 days.
Even if a defence is filed, the judge may make an order without an oral hearing.
If no defence is lodged then after the 14 days the tenant had you apply to the court to make an order for possession and costs. ( dont expect to recover costs!)
The order will be made giving the tenant a further 14 days ( unless a defence for hardship is received) and the tenant should leave before he expiration of the 14 th day,
If she hasn't gone you need to request a warrant for execution. This is form N325 and requires another £110 court fee. The warrant will be issued and you will hear from the bailiff within a few weeks with a date. You need to confirm the appointment and then attend on that day along with the bailiff and a locksmith. The court bailiff will in my experience always get the tenant out. Normally the tenant will vacate prior as the bailiff will serve the tenants with a notice of eviction putting them in to panic mode.
I do deal a little with landlord and tenant matters from time to time...hope this helps?
[Edited on 15-03-2013 by ChazSXi]
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Gary
Premium Member
Registered: 22nd Nov 06
Location: West Yorkshire
User status: Offline
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Or just send the heavys round to remove her
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deano87
Member
Registered: 21st Oct 06
Location: Bedfordshire Drives: Ford Fiesta
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Smash the back doors in.
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Gary
Premium Member
Registered: 22nd Nov 06
Location: West Yorkshire
User status: Offline
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quote:
Originally posted by deano87
Smash her back doors in.
I hardly think thats an appropriate way to evict someone deano, never know though, could work
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baza31
Member
Registered: 19th Apr 03
Location: yorkshire
User status: Offline
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Keep her in and shag her to death . Or if you upload a picture I might do it for you
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taylorboosh
Member
Registered: 3rd Apr 07
User status: Offline
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Such a shit law. Should be able to kick em straight out
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Gary
Premium Member
Registered: 22nd Nov 06
Location: West Yorkshire
User status: Offline
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Funny thing is though, if it was a house repossession and the tenant hadn't been paying rent they'd be given a couple of weeks before the bailiffs got sent in by the bank. Double standards me thinks.
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baza31
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Registered: 19th Apr 03
Location: yorkshire
User status: Offline
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quote:
Originally posted by Gary
quote:
Originally posted by deano87
Smash her back doors in.
I hardly think thats an appropriate way to evict someone deano, never know though, could work
Would work if he sent you she would soon be off
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Gary
Premium Member
Registered: 22nd Nov 06
Location: West Yorkshire
User status: Offline
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Have my uses
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LeeM
Member
Registered: 26th Sep 05
Location: Liverpool
User status: Offline
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Wait till she's out, dump stuff outside and change locks
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ChazSXi
Member
Registered: 26th Jan 03
Location: Waterlooville, Hampshire
User status: Offline
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quote:
Originally posted by LeeM
Wait till she's out, dump stuff outside and change locks
Illegal eviction in breach of agreement, criminal offence for the landlord and she can sue and will more likely than not be successful....
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flybikeslee
Member
Registered: 2nd Jan 07
Location: Liverpool
User status: Offline
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Is she fit munchie...
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LeeM
Member
Registered: 26th Sep 05
Location: Liverpool
User status: Offline
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quote:
Originally posted by ChazSXi
quote:
Originally posted by LeeM
Wait till she's out, dump stuff outside and change locks
Illegal eviction in breach of agreement, criminal offence for the landlord and she can sue and will more likely than not be successful....
say she moved out after he sent her the letter telling her to. she wont be able to prove she didn't.
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Eck
Premium Member
Registered: 17th Apr 06
Location: Lundin Links, Fife
User status: Offline
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What a fucking joke of a country this is. The boot refuses to pay rent, and to get her out of your property you have to pay the government over £200? Does she have a car? Grit in the oil cap the day she's due to leave.
[Edited on 15-03-2013 by Eck]
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Robbo
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Registered: 6th Aug 02
Location: London
User status: Offline
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quote:
Originally posted by Munchie
Have a tenant that has not paid in months- served her a section 21 that means she has to move within a week from me writing this.
She isnt going to move.... We need her out...
Any advice to do this legally please?!
Not the usual- burn the flat down etc banter!
Cheers
yes, ask a FUCKING LEGAL PERSON NOT A CORSA WEBSITE 
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jonnysri
Member
Registered: 16th Jun 05
Location: Leeds (Ilkley)
User status: Offline
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shes defaulted on her lease. simple as.
although just a friendly warning. do not attempt to gain access, change locks or approach her without legal advice. my dad did this with a confirmed con artist and got taken to court and swindled. just be careful
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ChazSXi
Member
Registered: 26th Jan 03
Location: Waterlooville, Hampshire
User status: Offline
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quote:
Originally posted by LeeM
quote:
Originally posted by ChazSXi
quote:
Originally posted by LeeM
Wait till she's out, dump stuff outside and change locks
Illegal eviction in breach of agreement, criminal offence for the landlord and she can sue and will more likely than not be successful....
say she moved out after he sent her the letter telling her to. she wont be able to prove she didn't.
If she has handed back keys....fine....if she hasn't he would need to be 100% certain te property was vacated/ abandoned. If she has simply gone on holiday and he changes locks. Not good for Munchie.
Understand what people are saying, am a fully qualified solicitor so can help out...! Worth asking in a corsa forum eh
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John
Member
Registered: 30th Jun 03
User status: Offline
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Kick her out and chaz will be standing at the doorstep with a claim form in his hand.
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