Help Needed - Issues Tenants with Section 21 no tenancy agreement

[art_7]

Good Afternoon,

 

Thanks for reading, and hopefully I can get some much needed answers to calm me down..

 

Before I write all this, I'm aware of the mistakes I've made and will learn from it as I've been heavily held to ransom by my tenants, and by not doing a tenancy agreement...

 

I rented out my 2 bedroomed house to start a new life away from the village I was in. This was a rush letting, so I didn't check the tenants etc, didn't even draw up a tenancy agreement, but stated no DSS / Benefits. Long story short on this, I barely received rent, but found out they were on benefits, so I'm now in receipt of their Housing Benefit thank god. They moved in on the 26th January 2013. They quickly changed the locks, their numbers etc - I'd been done. I didn't even take a deposit (I'm an idiot I know).

 

Amongst the zoo of animals in there, and my now tarnished property, I issued a Section 21. I had this checked numerous of times by different Solicitors, and it was deemed correct, and the date for the end of Tenancy of 25th of July. I have an email also from their housing advisor stating an Assured Shorthold Tenancy had been created when they moved in on the 26th of January, and they did indeed move in on the 26th of January. They refused the signed for Section 21 through the post, so hand delivered it on the 8th of April, and under video evidence and witness.

 

My questions are, do I go ahead with court proceedings on the 26th of July, the day after the end of the tenancy on the 25th of July? Do i give a couple of days grace? As there is no tenancy agreement, we had a verbal agreement they would pay rent from the 26th for each month. Should I wait until the 1st of August just in case?

 

Also, is there any way the Judge could throw it out? These are council tenants, renting off a private landlord, so the council won't rehouse them until I get them out through the court. I just want the judge to throw them out!!!! I'm sweating more the judge won't give me possession as these tenants seem to be professional in what they do, plus neighbours have informed me bailiffs have been round to my property taking furniture in their name... Because my Section 21 seems in order, paperwork wise, is this all going to be ok? Again, there is no tenancy agreement, so nothing stating when rent is due, just that they moved in on the 26th of January...

 

Obviously I'm a first (and last) time landlord!!!!

 

Many thanks,

Art.

[art_7]

Oh, and I'm aware this won't be Accelerated Possession as there's no Tenancy Agreement - I should've stated that above!

[raydetinu]

Yes proceed to court if they have not moved out.

You need to advise them that you are doing this; it will take quite a few weeks and they will be liable for the rent during this time.

Are you getting the full rent you agreed with them or just the housing benefit part?

Have they been paying their utilities and council tax?

[art_7]

Yes proceed to court if they have not moved out.

You need to advise them that you are doing this; it will take quite a few weeks and they will be liable for the rent during this time.

Are you getting the full rent you agreed with them or just the housing benefit part?

Have they been paying their utilities and council tax?

 

Thanks for the reply. I'm only getting the Housing Benefit part.

I have to go through their Housing Advisor who knows I will be submitting Court Papers on the 26th. My tenants do not do sign for any letters or answer the door.

I believe they have defaulted on the Council Tax. They tried putting the E-On bill into my name last week but E-On quickly called me and told me.

I know they are also now under investigation for Benefit Fraud also.

 

I am assuming, because I started getting their housing benefit over 2 months ago, this might be why bailiffs have been to my property. They were using taxpayers money to pay off debt and not pay rent with it so it's backfired.

 

I really want them out my house. They've nearly financially ruined me, and the house was for my son oneday in the future, so even if we get the possession order, I bet I don't get the costs back...

 

I'm shocked at the Housing Benefit system. They pocketed 2 months rent and don't have to pay it back??

[raydetinu]

If they have been consistently not paying the full rent and you have anything in writing as to what the full rent should be then you can issue a notice using grounds 10 or 11 now ( not paying full rent due or delay in paying ). If you can prove this the judge will probably grant possession immediately as I doubt they would defend or even show up!

You could try posting on the landlord zone site for some further advice.

[Steve__M]

Given that you say Housing Benefit is coming to you directly, are you aware there is a risk that the Housing Benefit officers will attempt to claw back housing benefit from Landlords if they believe money was claimed illegitimately.

 

One of my tenant's requested HB to be paid directly to us, but when we looked into it we refused because of the potential risk of this happening on the basis that we cannot possibly know whether the tenant has made a legitimate declaration of income and assets (and on the basis that the same council illegitimately withdrew HB from another family member).

[art_7]

No I didn't know that Steve, thanks for pointing this out.

 

So my Solicitor states my Section 21 is correct. We have it in writing from their Housing Advisor that they moved in on the 26th of January, thus us being able to submit court papers on the 26th of July, as they won't vacate on the 25th.

 

HOWEVER - Their Housing Advisor is saying they pay their rent on the 1st of each month (not that they have for 5 months) and this was agreed with me... Obviously complete nonsense, and as there's no Tenancy Agreement, the Judge can't believe the Housing Advisor surely? They'll only go on a Tenancy Agreement if there was one?

 

I get their Housing benefit around the middle of the month, every 4 weeks, does this have a baring on the end date of the Section 21?

 

When landlords haven't got Tenancy Agreement's, what evidence do they take to court?

 

Sorry for all the questions.

[raydetinu]

Yes the payment date can alter the end date.

have you anything in writing at all as to when the tenancy started and when they paid; bank records, cheques etc.

[art_7]

Yes the payment date can alter the end date.

have you anything in writing at all as to when the tenancy started and when they paid; bank records, cheques etc.

 

I have nothing in writing. Only that they moved in on the 26th of January signing a crap A4 document and that I wanted the rent in my account by the 27th to cover them for the month ahead. The first payment for rent went into my account on the 1st of Feb. technically isn''t that covering them from the 26th January to the 25th Feb of each month? This was verbally agreed with them... There are no dates mentioned on the crap contract I drew up.

[raydetinu]

At least you have something, anything about the amount to be paid and I presume subsequent payments are recorded.

This is where you claim for everything that is owed at the same time the S21 is heard, and let a judge decide.

[mariner51]

art_7 you do not state if/when you served s21 on T, 21a or b, and by what method eg registered letter,by hand or normal First Class letter?

Assuming s21a served how was the notice expiry date expressed?

Have you been given a Court hearing on the 26th?