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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My mother is renting a flat to a DSS tenant, whereby she hasn't

Customer Question

My mother is renting a flat to a DSS tenant, whereby she hasn't had any problems and he has been a tenant for approx. 2 years. His short hold tenancy agreement expired in Dec 2014 and is now on a rolling tenancy with the council. She hadn't renewed his lease, as prior to the expiry of his existing contract, she advised him to find alternative accommodation as she wanted possession of her property. She requires the property back as she has been diagnosed with terminal cancer and is undecided what to do with the property as she is unable to work. The rental income she receives is below the market rate and the council will not pay the current asking market rate. Can you advise what action needs to be taken as both the tenant and council seem uninterested in getting alternative accommodation and due to her health cannot deal with eviction of this tenant single handed? Also, it has been brought to her attention that the tenant has currently been hospitalised with mental health issues.
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

I am sorry to hear of your mothers condition. May I ask to your knowledge if she has served a s21 A or B notice and has she kept a copy and evidence that the notice was received by the tenant? If you are not certain that is fine.

JACUSTOMER-rwyf0yz1- : She served the tenant with a S.21 notice which apparently was forwarded to the council.
Joshua :

Thank you.

Joshua :

Providing the s21 notice is valid - if served after the expiry of the fixed term it should have been the Section 21(4)(a) of the Housing Act 1988 notice and a period of notice of 2 clear months should have ben provided ending the day before rent should have been paid. In addition your mother must have protected the tenants deposit within 30 days of receipt in a government deposit protection scheme. Providing these criteria were satisifed she can seek possession using the accelerated possession procedure which should not require a court hearing.

Joshua :

Your mother can complete an application for acelerated possession - you can fill this in for her if you wish - the tenant has 14 days after receiving the documents to file a defence. If the tenant does not file a defence and the paperwork is in order (you will need to provide a copy of the notice and tenancy agreement) the judge will normally issue a possession order immediately on reviewing the case without your mother having to attend. As above there will not normally need to be a court hearing unless there is some problem with the documentation or notice or the tenant requests postponement on hardship grounds, in which case possession can be delayed by up to 6 weeks. There is no other defence to a s21 claim for possession if the notice is valid.

Joshua :

These are the forms required for the application:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n5b-eng.pdf
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n1_0102.pdf

Joshua :

If the judge awards a possession order the tenant will be obliged to leave. If he refuses, you will need to apply for the services of the Court bailiff or High Court Enforcement Officer, which is likely to delay matters for another 2 weeks or more who will evict the tenant if necessary with the assistance of the police.

Joshua :

The council will not usually assist your mother nor advise the tenant to leave without a court order simply because the council will wish to delay the tenant becoming their problem for as long as possible - this is unfair but is unfortunately the reality of how most councils behave. Nevertheless your mother will be successful in recovering possession providing the paperwork is in order as above.

Joshua :

Is there anything above I can clarify for you?

Joshua :

Has the above answered your questions satisfactorily?

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you. I would be most appreciative.

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