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Author Topic: Nightmare eviction  (Read 1715 times)
Graham Ellershaw
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« on: May 09, 2007, 04:18:00 PM »

Hi there,
I recently gave my tenants notice after issues regarding non payment of rent. Their circumstances changed and had to be re-assesed by the Housing Benefit as one of them had returned to work.
This has been ongoing since last November. I issued them a section 8 possession notice in February and then an Accelerated Possession notice in March on the basis of a) Non payment of rent and b) I now need the property for myself to live in as I am unemployed.
I have since recieved a letter from the CAB (Who they are using) that the correct notice hasn't been served and my court proceeding invalid owing to "Housing Benefit Delay".
I am aware that as one of my tenants is working that they have to pay half so my case is valid.
At present the rent owed stands at 26 weeks.
Also the CAB tried to say the tenancy is an "Assured" tenancy and I have agreed to let them rent the house indefinately. The rent book is an "Assured Shorthold Tenancy" and was agreed in December 2000.
Are the CAB trying delay tackticks? There has never been an "Assured" tenancy ever agreed or written up. Are they being fraudulent in trying to get the tenancy changed from "Assured Shorthold" to just "Assured"?
Also all the fair rent and housing benefit forms are clearly stating "Assured Shorthold" as the tenancy type.
Can anyone help?
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d piggott
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« Reply #1 on: August 10, 2007, 11:07:39 AM »

THE WORLDS BIGGEST TENANT FROM HELL LANDLORDS WILL BE AMAZED AT THIS
Hi, I sympathise with you, iam currently trying to evict the tenant from hell from my mobile home on my own freehold land which is my own home and wish to hear from any landlord that thinks my case sounds a similar experience, i gave the tenant a 12 month shorthold tenancy agreement (which he signed) on my home whist i was away working, he was a nightmare, rent always late, neighbours complaining etc, so i got a possession order and a warrant of eviction granted in the county court to get him out, the tenant has now used a promissory esstopal to get the warrant set aside on the defence of a claim in equity on my mobile home!! and as his evidence (to be heard in september at medway county court), has produced a photocopy of his tenancy agreement with all the dates removed which he says proves he can stay forever!! (he will not produce the original until the hearing day) and a mass of photographs showing (he wildly claims) that the mobile home was derelict when he moved in ?? (even though i was living in it for 8 years with my family), with photos showing apparently panels removed from the ceilings, kitchen units and fires removed and carpets pull back etc to make the place appear bad PLUS NOW a brand new set of recent photos showing that the tenant has done the place up and redecorated.......i'm totally stunned in disbelief, the tenant has obviously trashed the place since recieving notice to quit and quickly tarted it up again putting in a defence claim for over £15.000 + court costs !!, the court case has now dragged on for 9 months while i try to prove him a liar and a fraud.and because of massive court backlogues i still cant get a hearing until september, 3 months waiting list apparently, and its obviously cost me a fortune in legal fees while the tenant and his girlfriend remain in the caravan on the dole with unlimited legal aid still scaming the public while the case continues.
As i am still regarded as the claiment for ending the tenancy legitamately in the first place i cannot get legal aid unlike the dole scrouging tenant and am now reduced to selfrepresenting, its so unbelievable and so clever and the tenant seems so very very experianced at what he is doing, i believe he has definately worked this scam before and UNBELIEVABLE he has now in the last month opened an animal sanctuary in the garden with he claims 70+ animals !!! (8 months after recieving his section 21 notice to leave !!), now claiming to be a non-profit making unregistered charity !! and asking for the public in the newspapers  to help him feed all these invisible animals (but there are no animals there but a few pet rabbits and his own dogs!! )  its like a terriable dream i keep thinking i will wake up and find it isnt happening, all these animals have invalidated my public liability insurance and i cant evict him all the time the court is allowing him to appeal, the police say he isnt actually breaking the law by what he's doing !  ARE THEY MAD...someone somewhere in the kent or maybe the surrey or essex area ( i think he came from essex) must have had this tenant previously, i didnt ask for references as i had known him for about 2 months previously and thought he was genuine, he told me he was working and not on the dole...if anyone can help me with any free legal advise as i cant get legal aid anymore and my wages are swallowed up by my legal debts and the costs i'm now having to pay to house myself , or at best think they may have experianced this mega tenant from hell themselves, i would be so grateful to hear from them, someone must have experience of this evil tentant, the landlord assosiations have never heard of a case this bad. I WILL BE BANKRUPTED AND STILL HAVE THIS TENANT IN MY HOME FOR LIFE ON HIS ENDLESS APPEALS
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Graham Ellershaw
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« Reply #2 on: August 17, 2007, 08:17:28 PM »

I go to Court on Tuesday 21st August after a long battle (Now standing at 41 weeks)
I would advise any Landlord not to make this easy mistake I made with the paperwork.
1) A "Section 8" and an "Accelerated Possession Procedure" can ONLY be used if the agreement is still running eg: within the 6 month period of the written agreement.
2) If the agreement has run past its initial period it becomes a "Periodic Tenancy" of which you can either serve a "Section 21" notice or a "Section 8" notice but you can only use an "N5 Claim Form For The Possession Of Property" as it is beyond the initial 6 months of an Assured Shorthold Tenancy Agreement. You will also require an "N119 Particulars Of Claim For Possession(Rented Residential Premesis)" All these forms apart from the "Section 8/21" notice are available form your local court.
Please Note: Your claim will be quashed if you use an "Accelerated Possession Procedure" after the initial tenancy agreement has "Run Out" In other words you will have to lay out another £150 court costs and at least another 8 weeks delay.
I would also advise you to go the the CAB before your tenant does as if the tenant gets there before you, You can no longer get any advise from them a it is classed as "Conflic of interest".
I will let everyone know how I get on.
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Graham Ellershaw
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« Reply #3 on: August 23, 2007, 10:55:14 PM »

Well I thought I was getting closer to the end but the Tenant turned up late(Saying they had been sat in the wrong court) so my granted possession was overturned to delayed as the Tenant brought a defence letter in from the CAB Solicitor. Dated the same day as the hearing she couldn't understand how neither the Judge or Myself had received a copy!
Having left the court (Being advised by the Judge to take immediate advice from a solicitor) I went for a coffee to digest the defence letter the Tenant had given me, As alarm bells had started ringing.
I noticed it wasn't signed by her Solicitor, The address where it came from was incomplete, Questions I had already replied to in March this year to the CAB Solicitor were on it as not replied to.......
To cut a long story short i went to the CAB as it was only a couple of hundred yards away from the Court just to get the letter verified as correct only to find out the CAB Solicitor was on the second week of his 2 week holiday. So it's looking very unlikely it has come from them and has been cobbled together by someone with a word processor and a legal type layout program for it.
I am seeing a Solicitor tomorrow (My Sister stepped in and paid for this. I'm very grateful as I lost my job recently) and handing it over to them.
I will also contact the CAB next Tuesday as the Housing Solicitor is back then to validate the defence letter.
It's no wonder the Judge wouldn't let me read the defence in court. I had only got down 1/2 the page and he said "You have probably got the gist of it" as he had flicked through thoroughly unimpressed!. I guess he saw it wasn't as lawful as it looked.......
I'll let you know how I get on.
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