Help with eviction please.
Possession - Section 8 and Section 21

Midshire
Midshire
0 Thanks
6 Posts
3 years ago
0

Good evening,

All help greatly appreciated please.

I have recently taken a 6 bed licenced HMO back in house from my agent.
I have inherited a young chap (19yrs) who went through their vetting system and in all honesty , i wouldn't have considered him, but at the time, i wasn't involved. It hasn't worked out, so sadly i have the trauma of getting the room back. I obviously want to do this legally and responsibly and i understand the timing is far from ideal.
The details are as follows:
Tenant signed a Room only Agreement on a fixed six month term on 9/6/2020, He paid a deposit of £300 (that's with the DPS)He passed the right to rent criteria.
He received the EPC and gas cert, copy tenancy agreement, DPS details and deposit ref, How to Rent booklet. The HMO is licensed and the details are displayed on a notice board in the entrance. All fire regs are up to date. There is a main fire panel, all rooms have detectors and are checked weekly. Carbon monoxide detectors in all rooms with a fuel source. Door closures on fire doors etc etc. I hope i have all avenues covered before we start!!!

The tenant paid the first two months, June and July as agreed. August was missed. He had lost his job. The agents sent him a letter regarding his missed payment. They had also received complaints from the other residents regarding loud music, regular parties, friends using the communal facilities, smoking within the house and finally a complaint from the neighbouring property reporting him smoking weed out of the bedroom window.
The agents , on these grounds sent a follow up letter informing him that he had to vacate, within 7 days on the grounds of him breaching several major points in their contract with regard to the drugs and antisocial behaviour.
The tenant contacted Citizens advice, who then linked him to the housing department at the council. They as per usual told him to sit tight until we as the landlord gained a court order. The council contacted the agents and pleaded that we worked with them as they now had a 'support bubble' around him. They said they would action an emergency rent payment to cover the backlog and integrate him into society with their team! We agreed for him to stay, but on the grounds that we would only renew his six month agreement if he sorted himself out. This expires on 9/12/20
The tenant paid one more full month and then ceased paying for October. The council never paid a penny because the tenant failed to make any further contact with their 'support team' and gained employment.

The tenant started back in employment at the end of October, earning approx £250 per week. The rent arrears stood at £660.
The agents forwarded a payment plan to the tenant to begin to start paying the debt. He ignored all correspondence. He worked for three weeks and paid nothing.
I took it upon myself to speak with his mother. It turns out that he has a backlog of debts, she had thrown him out and she and his family were sick of his attitude towards his finances. It leads me to wonder how he ever passed a credit check????!

The tenant informed me that he had applied for universal credit, but it hadn't arrived when expected. In fact he goes to great lenghts to tell me that he has contacted them chasing payment and they have told him to be patient. I gave him the benefit of the doubt. It turns out (his mother informed me), that he has been in receipt of the Universal Credit for some months, but chooses not to pass any on for his rent and has simply spun me a yarn. He just switches his phone off when he gets paid and spends until it runs out. He then pleads poverty. He is always polite and assures me that he will pay, he then just goes to ground and ignores me.

After much effort, 'come on we can do this together' and 'please work with me' conversations i managed to push him to transfer £50 on 20th and 26th November. I thought we were getting somewhere, but he appears to feel this is a kings ransom and doesn't acknowledge that this fails to cover his weekly rent, let alone have any impact on the arrears.
I feel there is no trust and i cannot work with this boy. Its exhausting.
I have informed him that i won't be renewing his contract on 9/12/20 and i have offered him an olive branch. I have promised to write off the the full debt (which stands at £890 to date) if he can find alternative living arrangements by the contract end date and quietly leave. I'd have to call it a bad job and move on. His mother wants him to consider this, but she said that no family member would put him up.
She has spoken with him and he has merely shrugged it all off and said that he's stopping because the council have advised to do so, opting for the potential of a huge debt, a possible CCJ and no roof over his head in six months time, with a black mark against his name. The Council don't mention this! He just doesn't seem to care.

So six months notice it is?...
I'd like to give notice as soon as possible. How do i proceed?

Kind Regards

Midshire

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