Evicting a tenant - help for a landlord please

[Helenahandkart]

I’ve been renting a house to a woman and her children for 6 years at a low rent.
I need to move back into the house myself, as my relationship broke down and I’ve been homeless and sleeping on my sister’s sofa for almost a year.

I had a good relationship with the tenant and gave her verbal notice in January that I wanted the house back. We agreed she would move out in July.
I sent her a Section 21 notice.

When the time to move out came around she refused to go. The Section 21 was invalid because I had not supplied the gas certificate and EPC.
I have since re-sent the Section 21, and am now trying to submit the N5B form asking for a possession order.

It’s all getting very complicated. I can’t submit the fee for the form to the court because I can’t find the information on payment anywhere. The advice is that I need to contact the court, however they never answer emails or the phone, and it isn’t possible to go to the court in person without having pre-booked an appointment by phone.

I’m wondering whether at this point I just need to get a solicitor involved. Has anyone successfully navigated this? I’m aware that there is a housing crisis and my tenant needs to prove to the council that she was evicted before she will qualify for emergency housing, so she will hang on til the bitter end. I’m getting a bit desperate as my sister has asked me to leave asap (she’s put up with me for a very long time already, with no end in sight) but I have nowhere to go.

Any advice on solicitors etc would be gratefully received.

I hope you’ve got your flame suit ready.

You might be better to try landlordzone for advice. On here, all you will get is abuse for evicting your tenant.

This.

I doubt it. MN seems to be teeming with fellow landlords.

I understand why she doesn’t want to leave. She’s been paying half market rent for the last 6 years, and stands no chance at all of finding a similar property for the same rent.
But, ultimately, I am homeless and also need somewhere to live.
Initially I had sympathy for her, hence giving her 6 months notice.

I would recommend landlord action not cheap but get the job done

Did you take out Landlord's insurance which might include legal?
Have you protected her deposit correctly?

The accelerated procedure cannot be used for a demoted assured shorthold tenancy.
Conditions for using the accelerated possession procedure. The landlord can only use the accelerated procedure if:

• the tenancy began on or after 15 January 1989
• the tenancy did not immediately follow a fully assured tenancy
• there was a written tenancy agreement or the tenancy is statutory periodic following a tenancy that had a written agreement

Claim form and documents. The landlord must complete form N5B. The form lists the documents that the landlord must attach. This includes a copy of:

• the section 21 notice
• all written tenancy agreements
• the Gas Safety Record (if given)
• the Energy Performance Certificate (if given)
• the licence for the property (if required)
• the tenancy deposit certificate (if one was paid)
• the How to Rent guide (if they are a private landlord)

The claim form must be verified by a statement of truth signed by the landlord or their legal representative. The claim form can be sent to any County Court hearing centre and is issued by that centre. If there is a hearing the proceedings will be transferred to the County Court hearing centre that serves that address of the property. The court sends the claim form to the tenant by first class post.

You only have 6 months from the resubmission of the Section 21

HMCTS Payment by Account for online services - GOV.UK (www.gov.uk)

Find your nearest County Court for Landlord and Tenant Disputes (tenancyagreementservice.co.uk)

Thanks @SequinsandStiIettos . I’ve assembled all this documentation, and am ready to send the form + documentation to the court. My problem is that there is a fee to be paid with the form, but no way to pay it because the court isn’t contactable. Therefore I don’t think I can submit it. The whole process is really opaque.

Did you look at the link Payment by account above?

if shes really stuck she will have to stay in the property until she is evicted by the courts . The council will them try and find her a home .
its sucks for both parties .

They have a Get Help section where someone might be able to refer you further?
Email: [email protected]

You need solicitor's advice I think.

This situation is crap for you and the tenant.

I’m struggling a bit with having lost my reading glasses! But it looks as though that is only for organisations rather than private individuals to make a payment. Unless I’m missing something

Yes, I don’t blame her as I know it’s part of the process.
My problem is that the courts won’t get involved until I can work out how to start the court process, which is way more difficult than it should be.
I just want to send in the forms and make the payment that starts the process but can’t get anywhere.
I’m hoping that someone can recommend a solicitor who has done this service for them.
Might have to resort to Landlord Action.

Landlord Action is very expensive but I agree with you, the system is opaque if you don't do this for a living (no disrespect).

Section 21 Accelerated Procedure
Section 8
Fee covers review of notice and service, checking the file, case preparation, court fee.
‍
Our fees: £782.00
VAT: £156.00
Disbursements: £487.00
Total: £1,425.00

I think you include a cheque in with the paperwork - based on this article here.

Not a LL or Renter but that seems like a pretty small fee to get your life sorted.

£355 according to form exe50- cheque payable to HMCTS…

I would get a solicitor to do it though. If you get anything wrong you need to start again. Possessions can take a year in some courts at the moment….

Post the completed form N5B by recorded delivery to the Court Manager of your local court. The cost is £355.

The link below talks about paying £355 by card/direct debit but is for if she owes you rent which presumably she doesn't?
Possession Claim Online: recover property - GOV.UK (www.gov.uk)
Contact the Possession Claim Online help desk if you need help or advice.
Possession Claim Online help desk
[email protected]
Telephone: 0300 123 1057
Monday to Friday, 8:30am to 5pm

Whole thing is a minefield OP. It's why I had an agent and landlord's legal.
At this point I'd go to the court in person to submit your forms and ask there re the payment but your papers and appendices need to be foolproof.

Realistically, I think you need legal advice- you've already messed up the S. 21 once, and it seems like you're struggling to navigate the court process. It's worth bearing in mind this process can take months (especially with delays at the courts).

I'm assuming you have other income? Could you take on a short term rental yourself whilst sorting this out?