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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello This is a follow on to a previous question that has

Customer Question

Hello
This is a follow on to a previous question that has been successfully resolved and one in which I was victorious eventually in receiving monies for non-payment of rent from the Housing Benefits section of the Council; as a result of the managing agents going into liquidation last year, and also for the continued refusal of the tenant in signing a new tenancy agreement with me to enable the Council to pay me direct.
In reality I do not have an agreement with the tenant (but now get the housing benefits sent direct to me), the next stage is to serve her with the appropriate eviction notice of which the Council is in agreement with as this will make her 'officially' homeless, so then they can step in, and this is what she wants as she wants a bigger property for her and her 3 children.
As a result of non-repairs by the management agents, the property is in need of repair (damp, pests etc.). I need to carry out these repairs because the Managing Agents did not but this cannot be done with the tenant and her children in the property, who themselves have contributed to the demise of my property.
Is it a Section 8 or is it a Section 21?
Please can you advice?
Regards
Mrs Marva Wilson-Harrison
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
So you wish to evict this person?
Is she in rent arrears?
Customer: replied 2 years ago.

Hello

As mentioned before she was over 5 months in arrears due to 1) The Managing Agency London Housing Solutions going into liquidation. 2) Her continued refusal to sign a new tenancy agreement with me which delayed with payment of her housing benefits to me which an advisor was adament I could not get, until I wrote to the CEO's office who in turn with the Director of Housing Benefits agreed I should get.



So no, at this moment she is not in arrears, but the property is in need of repairs due to the failure of the Agency not carrying out required work which the tenant is now requring me to do.




She has not been a helpful tenant and my place is now too small for her and wants to be made homeless do the council can deal with her case.




I do not want this tenant in my property any longer as I cannot carry out any repairs with her in the property.




I hope this clarifies the position and you can confirm which Section (8 or 21) I need to serve her?

Expert:  Jo C. replied 2 years ago.
I can't see another post on your account?
What are the dates of her agreement?
Customer: replied 2 years ago.

Jo

As I mentioned she has not signed the Tenancy Agreement I gave her which would have been effective

from 6 December 2013 for 6 months.

Regards

Expert:  Jo C. replied 2 years ago.
Was the first time she moved in the 6th December?
Or is this a roll over?
Customer: replied 2 years ago.

Hi Jo

No, she has been in the property for ages as the tenants of the Managing Agents, they themselves had issued her with a couple of Sections 21s the last one was to cease on 6 December after they had gone into liquidation.

So she did not have an agreement with me, my agreement would have been a new (amended) one as I 'in theory' by default, had become her Landlord.

Regards

Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
I see the expert has opted out.
How long as the AST for signed in Dec 13?
Customer: replied 2 years ago.

Hi Alex

I am sorry I dont understand the question that you have asked, nor the reason for Jo opting out. Is this something that can happen at any time with the online experts?

Regards

Marva

Expert:  Ash replied 2 years ago.
Yes experts can opt out if they can't answer.
How long was the tenancy agreement signed for in Dec 13?
Customer: replied 2 years ago.

Hi Alex

I did not have an agreement with her as she would not allow me to give her one, she did not want me to be her Landlord, despite knowing what had happened to London Housing Solutions.

I finally sent her one by recorded delivery and took another copy to her at the flat in February (dated to start from December 2013) but she still refused to sign it, it would have been an Agreement for 6 months.

It was because of her continued insistence not to sign the Agreement which also helped in Lambeth releasing back benefit payment direct to me, this was awarded to me in May 2014.

So again I say, that in reality she does not have an agreement with me and the time frame I had originally given her has now lapsed. Plus I need to possess my property so I can carry out essential works as a result the non-maintenance of the Managing Agents and her lifestyle.

I hope this help in providing me with the required answer, as I am keen to get the ball rolling now that we will be entering the school holidays.

Regards

Marva

Expert:  Ash replied 2 years ago.
Ok. So you Want to get rid of the tenant? Have you issued proceedings?
Customer: replied 2 years ago.

Hi Alex

Sorry, just seen your reply.

My initial question to Jo included which Notice should I issue her, a Section 8 or a Section 21 or now a Repossession Notice due to all of the above factors.

I would not put it that I want to 'get rid of her' I just want to serve her the appropriate notice, due to again of the above reasons, non-compliant to sign a new Tenancy Agreement after the Management Agency went into liquidation, aiding to the disrepair of my property, a need to get into the property to carry out required repairs which cannot go on around her, her ultimate wish to be re-housed into a larger property.

So again, I really just need to ensure that I issue her the correct Notice bearing in mind I do not have an agreement with her, albeit that now the Council is paying her recent direct to me.

Regards

Marva

Expert:  Ash replied 2 years ago.
Issue both. If you want to end early because of breach its section 8 and if they are on periodic tenancy and you want possession it's a section 21, but no harm doing both and I would.
If she wants to be rehoused then the council need a possession order, so you will probably have to issue proceedings..
Issue section 8 and 21
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Alex

Great! I will issue her a Section 8 and Section 21 and a Repossession Order.

Council says they can't do anything until she is made 'homeless'. So I will proceed as above.

Kind regards

Marva

Expert:  Ash replied 2 years ago.
The Council are correct, until you get a possession order the Council wont do anything.

Alex

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