Problem tenants Problem solicitor my problem!

[shocktactics69]

Hi to all, would appreciate some guidance before I explode!

My tenants stopped paying rent in November, he is on benefits as he has depression, she was working but lost her job now she has depression, instead of telling me they spent all LHA for 10 weeks which I now am getting as contacted LHA but still £180pm short.

My mortgage company are hassling me as mortgage in debt as I cant pay mortgage myself.

I issued S8 in January and S21 so that was covered and also read my insurance policy and I have legal cover so solicitor took to court for possesion order and tenants didnt show so had 14 days to leave and I have a money judgement.

Baliffs due in this wednesday but tenants went to court and said the s8 wasnt served and had problem with electrics! gave solicitor signed S8 and got hold of job report from electrician to prove otherwise.
Ok so solicitor said they couldnt get more time based on fact they havent appeared in court re possesion or made any contact about electrics so It was a done deal in her eyes.

Day of court I was telephoned by advocate and asked if I knew of the pets they were keeping as they cant re home them!...so what.
It then transpires the court gave hime another week due to his mental health, what about mine!

My question is if they requested more time due to electrics and S8 why were they allowed to bring pets and mental health up to the judge? in my view I hadnt prepared a defense for that so it was wrong to proceed with other issues....is that normal?

Also if they have another week and still wont go, can they go back and stop it again?
some clarification would be really appreciated before I murder the solicitor tomorrow.
:tinysmile_cry_t:

[charitynjw]

Re: Problem tenants Problem solicitor my problem!

For clarity

s8 Housing Act 1988
Notice of proceedings for possession.

http://www.legislation.gov.uk/ukpga/1988/50/section/8

[charitynjw]

Re: Problem tenants Problem solicitor my problem!

Re the pets.

Would this be an HRA art 8 issue as per Theresa May & the cat?

[shocktactics69]

Re: Problem tenants Problem solicitor my problem!

I have read the section 8 but not sure if it is relevant as I already had the possesion order and now have a warrant of possesion to be executed by baliffs......or maybe I am not reading it correctly?
Its the warrent by the baliffs they are trying to stop by going to court ...so as they have done it once succesfully can they do it again and keep on going to court to get extra weeks?
The pet thing was another delaying tactic on the day of court....again to me should not have been entertained as wasnt there for that reason.
S

[Hurricane Puffrose]

Re: Problem tenants Problem solicitor my problem!

strange question i know, but did the original tenancy agreement allow pets? as if it didnt im sure you could argue breaking tenancy!

[charitynjw]

Re: Problem tenants Problem solicitor my problem!

I have read the section 8 but not sure if it is relevant as I already had the possesion order and now have a warrant of possesion to be executed by baliffs......or maybe I am not reading it correctly?
Its the warrent by the baliffs they are trying to stop by going to court ...so as they have done it once succesfully can they do it again and keep on going to court to get extra weeks?
The pet thing was another delaying tactic on the day of court....again to me should not have been entertained as wasnt there for that reason.
S

While art 8 HRA is generally only binding on public authorities, not individuals or private companies, if a matter is brought before a court, the court is a public authority & so needs to consider HRA.
This would be the case even if the court case was not about 'Human Rights', provided that an issue, which was brought up during the hearing, might impinge.

[shocktactics69]

Re: Problem tenants Problem solicitor my problem!

Ah ok I see...I think I get it although the pets were being discussed prior to seeing judge as thats why I got a call beforehand.
I suppose I am thinking if they requested a court case about improper service of S8 and electric problems then change the goal post to pets and mental health, it completely put me at a dissadvantage as I coulld have argued the pets and mental health if I was there or given the information to the solicitor but by completely changing the direction on the day is unfair.
I expected the advocate to stick to the facts and the case not allow to digress to other issues...If they wanted to discuss those issues they should be made to apply to court again.
Im really not sure how things work so may be talking gobbelty gook but thats just how I thought it should happen.

I was told when they moved in they looked after a relatives dog so I agreed to a dog and they had rabbits in the garden. When I did an inspection they had the dog full time, two rabbits in the house, 4 fishtanks a snake and terantula.
I wasnt asked about the other animals but at the same time the house was well kept and as I knew about the dog it wasnt a problem....until now as they cant move out as cant rehome them.!

S

[Hurricane Puffrose]

Re: Problem tenants Problem solicitor my problem!

can you not go for eviction on the grounds of breach of tenancy with the amount of animals they have? might speed it up.

[shocktactics69]

Re: Problem tenants Problem solicitor my problem!

but they have already breached tenancy by not paying rent?
I doubt i could use that as i was aware of the animals on inspection.

can they go to court again and stop eviction?

[Hurricane Puffrose]

Re: Problem tenants Problem solicitor my problem!

unsure.. but i will be asking

[Bill-K]

Re: Problem tenants Problem solicitor my problem!

This is not my area, but what sort of tenancy is it ? Is it a 'Short Assured Tenancy' ? If so, then it will naturally expire at some point soon, I believe, and you would not be obliged to renew it, nor to give any reason for that.

[shocktactics69]

Re: Problem tenants Problem solicitor my problem!

yes it was a shorthold tenancy and already expired, possesion expired and warrent of possesion by baliffs was due this week, but now have to wait another week...
if they go back to court every week ...could be forever

[New_Age_Biker]

Re: Problem tenants Problem solicitor my problem!

It is my belief that if your S21 is correctly served then the judge has no choice but to order possesion. (Sorry assuming periodic tenancy)
Once possesion is ordered they can apply for a stay but that is a maximum of 6 weeks under extreme circumstances.
Is it worth contacting the RSPCA or a local zoo to see if they will rehouse the animals

Please check he facts with your solicitor but I suggest if you can rehome the animals the tenants can then get on their bikes

[shocktactics69]

Re: Problem tenants Problem solicitor my problem!

hi,
The judge agreed a stay of 7 days but as far as i am aware it wasnt due to animals it was his depression and mental state, i presume he broke down on the day and judge gave him 7 days stay due to this.
I just wanted to know if he can keep applying for these stays?
potentially in a week he could go back to court again...and again and so on. or can a tenant only apply for one stay?
s

[New_Age_Biker]

Re: Problem tenants Problem solicitor my problem!

AFAIK
He gets one bite of the cherry, but please ask your solicitor (maybe ask the questions before you give him whatfor !! )