Evicting our tenant for rent arrears - advice

[SnailandWhal]

Hello,

Hoping someone has a past experience they can share /can offer advice.

I have had a lot of issues dealing with our tenant - late payments / some rent still not paid and now they have not paid rent for 2 months.

I issued them a section 8 on grounds 8, 10 and 11 - so rent arrears, late payment and rent outstanding.

They have ignored this notice and I am now looking to start the court process/ start the order of possession.

I've just started to collate the evidence/ research the forms but would you get a solicitor to do this for you?

Had anyone been through the court process and can tell me what to expect?

I'm thinking go through solicitor as will give me more confidence of a judge ruling in our favour.

Any advice / thoughts greatly appreciated.

@SnailandWhal nightmare!

Have a read through of this, a lot of useful info.

Thank you!

Just did this. You don’t need a solicitor. Once you have your court date make sure you have copies of everything such as rent schedule, dates of arrears, confirmation/proof of tenant receiving section 8 notice, copy of tenancy agreement, gas certificates etc, proof of deposit being registered.

make copies, take to court. Judge asked to see it all, showed them. Agreed tenant needed to be out in a fortnight, awarded costs of eviction (the £400 you pay for court) and loss of rent. Tenant hasn’t left so will need to go back for bailiffs.

What date did you give on the S8?

Mine was clear cut and tenant didn’t show up to court. It will probably be impossible to actually get the arrears. Not sure a solicitor would have made a difference in that though.

These people are very helpful.
https://www.ast-assistance.com/

Thank you for this - this is really helpful.

Could I ask:

Did you need to provide a timeline of events/evidence of messages e.g. showing you tried to communicate/ when you sent reminders etc?

Does the judge view the documents ahead of time or at the hearing?

Also - my tenancy agreement was not signed - so I have evidence of me sending it to them and they never returned it /but do have a message confirming they agree to it. My fault for not getting it signed but I can provide the messages / email to them. Do you think this would be okay?

Also can I ask did you use the online service?

Thanks so much again!

I gave Friday 18th July - and delivered 2 weeks before.

Thank you - can I ask did you use the standard possession form or online form?

Thank you!

Should be ok - if they took the keys and you have proof of previous rent being paid, this should be evidence enough to prove a legally binding agreement is in place.

Thank you!

Might be worth chatting to these guys

https://strikescs.com/

I used them for a section 21 eviction and they were absolutely brilliant - really supportive and reassuring - and incredibly good on the day too! They operate around the UK so don’t worry if you’re not local.

Also I could have evicted for arrears/anti social behaviour but the NRLA help line said just do a section 21 - it’s quicker and the judge can’t refuse it …if the tenant turns up and promises to pay the arrears judge might rule in their favour on a section 8…

I did have proof of all communication on my phone but didn’t print it out. Wasn’t asked for it.
Used the online service from gov.uk
Judge viewed documents at the hearing
I’m not sure about the tenancy, don’t have any experience, sorry.
good luck. I had court date for a month from date form submitted so fairly quick.

Technically if 8 weeks or 2 months of rent is outstanding both at the time of issue and the time of proceedings the judge cannot do anything other than issue the possession order. S8 is a mandatory ground.

OP it is far easier to go for a section 21 instead. You don't need to give a reason. Make sure you have given them a copy of gas, electric certificates, EPC information, How to Rent and a contract. It will be harder as they have not signed the contract. You should always get a signature and I get it witnessed as well. Without all of the paperwork it would be hard.

OP are you a member of the NRLA? They talked me through the process of S21 which was nerve wracking but successful. Good luck 💐

This is really good advice.

Highly recommend Mark Dawson who is an eviction specialist- he’ll get it right first time & save you money in the long run- https://www.ast-assistance.com/services/legal-consulting/evictions