Help ..me again . Tenant now 4k in arrears and trouble with EO

[Wylderose]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

I kind of got the impression that the EO was baying for blood. My bigger worry is that they have the law behind them to enforce and penalise you if they want to.

[bb41]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

Yes I know I'm on the losing side... just don't understand that my part of the deal is to jump through hoops, the tenants is to pay the rent... normally when either doesn't uphold their end the contract is broken... beggars bloody belief ..seems it only works one way

[Crazy council]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

Hi

The reason they asked morgage details is not as bad in general as it may seem, sometime LLs can nt afford to do repairs, and sometimes councils can arrainge them and put it as a charge against the property, this is usualy a lot further down the line though.

Also, the way benefits are paid is changing, my area has been trialing it, universal credit, they pay them everything, and they pay direct, like every other type of tenant. Speaking to a number of LLs and an agent, all agree that after an initial bump, its made getting paid easyer and make no difference now between benefits or working

make sure you fill out and serve the section 8, it will put presure on them,

[bb41]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

yes you are right, I have to be ruthless.. I will let you all know how it progresses

[bb41]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

Section 8 printed and signed... I am right that with rent arrears I can apply to court 2 weeks after serving the notice ?

[Crazy council]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

Yep, it has to be 14 clear days,

Sometimes, the TTs think the court app date, is actual the eviction date. Also, it makes a difference to what property they can get, they will know this.

Expect a backlash from the tenants when its served, but just sit and wait it out,

[bb41]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

Yes I have forewarned a few weeks ago.. I think as they know they will be re-housed due to a newborn and the need to leave as soon as possible the tenant won't be that bothered.. I think my problem will be with the EO as she will feel the need to pile even more pressure on me..

I have got a few weeks before I have to send the information questionnaire re: mortgage lenders etc off so will wait until the latest possible day

I will send the notice with a proof of posting... reading up as much as possible on the procedure it seems a proof of posting is better than a signature as the tenants more than likely won't sign for anything.... I think if I have had a no more than a couple of hours sleep each night for the last few months I won't be exaggerating

I have advertised on rated people to get a new work top replaced and plastering of the kitchen walls to be done ASAP, I will have to do the kitchen to sell so might as well arrange for it to be done whilst HB is being paid although checked the rental acc today and nothing from tenants.

I have received 150.00 from them since May . They are supposed to be paying 152.00 per week which includes repaying a small amount of debt

You can tell I sit scouring the net constantly as I reply to posts fairly quickly !!! I eat drink and sleep debt and section 8's and 21's... I will sadly be an expert at the end of all this.

Sadly I won't get any of my expenses back.. and not sure it will go as an expense on my capital gains tax.... one for the accountant next year

[bb41]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

Just a very tiny update . I served the Section 8 with proof of posting with 2 weeks notice to apply to court for a possession order. That runs out on 22nd September.

Worryingly I have heard nothing...

Just one question , the 2 weeks notice is up Friday 22nd September... can I apply to the court that day or will I have to wait until the Monday ?

[Crazy council]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

Not sure, i think you can on the date, from memory, the wording says, on or after the date..

worth chasing the housing officer up for an update ?

[bb41]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

I will have check through the wording my electrical safety certificate has been done now and the rest on the EO forms had to be done with a 4 month time limit... predominantly stats on the rads and the kitchen refurb.

I have to do the refurb to sell as it's a total mess so my plan is to find out if I can get the possession order granted and then start getting quotes for a very cheap kitchen installed whilst waiting to get a warrant . I can hopefully make a start then and will still be within the 4 month conditions set out by the EO and hopefully the tenants wont be in situ for too long so as not to make a mess of the new one

Thankfully I have copied all evidence of emails setting up previous payment plans to start making a dent in the arrears and copies of all payments by HB and any payments from tenants .

I am nearly up to 5k in arrears at the beginning of October so hopefully on the section 8 I will be granted a possession order. Tenants have stopped paying completely since May when I had a 100.00 payment ..

[Crazy council]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

There stuff you can do to ,,,, move things along,

You can not, hassle the tenant during the notice eviction process, but, you can, with three days written notice, get acsess as ofterns as you need.

For instance, in your curcs, its not unreasonable if you arrainge
a few estate agents to look around as your intending to sell, or its an ootin your considering
a few peole to go mesure up, quote for work
checks on any works done..
ect ect




I find, especialy when they have been in the property many years, seeing estate agents, and workers tends to let it sink in its the end, before you have to send in baillifs.

[bb41]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

That's helpful as I do need to sell ASAP, I hate running up debts but really unavoidable at the min... the kitchen is the most in need so will get that done and quotes in and maybe arrange for the work to be done in a month or so ..

Really appreciate all your advice it's been a godsend ..thank you

[bb41]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

Me again...just re-reading section 8 and I notice this

• - Where the landlord is seeking possession on grounds 3, 4, 7B, 8, 10 to 13, 14ZA, 14A,15 or 17, (without ground 7A or 14), court proceedings cannot begin earlier than 2weeks from the date this notice is served. If one of 1, 2, 5 to 7, 9 or 16 grounds is alsospecified court proceedings cannot begin earlier than two months from the date thisnotice is served.
  
  I am going just for 8 and 10..As I read that is it not the case that I can start the PCOL now as the chance of getting a court date next week is pretty nigh on impossible ...straw clutching here !!
  

[Crazy council]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

Hi, yes you can start the court action as long as there has been 2 weeks between serving them the notice, and the date you start.

Worth keeping ( but not bugging ) the housing manager at the council informed, The court booking systems can determin how fast/slow these go as well, so sometime worth ringing and asking how long it may take.

Maybe worth explaining ( in a nice way ) to the housing manager and works manager that your now spending money on court stuff for these tenants, instead of doing the repaires. and that the tenants have told you, they wont move untill they get offered someware

See if you can move things along at that end

[bb41]

Re: Help ..me again . Tenant now 4k in arrears and trouble with EO

Thanks CC for coming back to me I will start the PCOL tomorrow and then get in touch with housing officer.. I had to have a builder go round today to have a look at the kitchen as the environmental officer is really on my case for some reason