#Evictions: Eviction killer MISTAKE that invalidates most landlords' residential possession claims

#UKEvictionban #TenantEviction #Evictions #PropertyInvestmentlaweyrs #EvictionBan #buytolet #landlord

The eviction ban has been lifted, the eviction ban ended on the 20th of September. A few days later the lockdown announcement was made meaning from the 5th of November 2020 to protect against Coronavirus (COVID-19) transmission, bailiffs were requested not to enforce evictions during the national restrictions in England and Wales except in the most serious circumstances.

The serious circumstances include illegal occupation, anti-social behaviour, fraud, and where a property is unoccupied following the death of a tenant. So, this will take us to the December Christmas truce period. Meaning no evictions until the 11 January at the very earliest. So the eviction ban has been lifted but has it been lifted? You decide.

These delays, whilst inevitable, are costly for landlords. Costly in continued unpaid rents and legal costs. To save time and money, we must avoid eviction pitfalls that could result in further delays, loss of rental income and increased costs.

Property investment is a journey. To avoid the pitfalls in our path, we must learn from those that have trodden the path before us. I'm sure you'll agree that it is much cheaper learning from other peoples mistakes. Today we help you save time and money by ensuring your legal paperwork is correct and compliant.

WHAT IS THE KILLER MISTAKE THAT COULD KICK YOUR EVICTION OUT OF COURT?

Some of the key questions to ask yourself before even thinking about instigating a possession claim are follows:

Do you even have a right to take back possession – do you have a right to bring a possession claim. What type of tenancy does this relate to? What type of notice do you need to serve. Do you actually need to serve a notice? There are circumstances when you don’t. If you are relying on a notice that requires you to rely on specific grounds for possession, do you satisfy those grounds? How about a potential defence? Could the tenant bring a defence that could completely thwart your claim? It there is disrepair at the property? Has there been a breach of contract on your part as the landlord? Has there been a breach of the equality act 2010? All those are important matters to consider.

That is the primary eviction pitfall IS THE ACTUAL EVICTION NOTICE. Serving an invalid notice. Here are the five top reasons that could invalidate your notice
1. The wrong notice
2. The wrong notice period
3. The wrong address
4. The wrong timing of service
5. The wrong time limits

Serving the incorrect notice could be fatal to a landlord's eviction claim. Different tenancies require different types of notices. The exact procedure is entirely dependent on the tenancy type and tenancy terms. Our current focus is on Assured shorthold tenancies (ASTs).

There primarily two types of ASTs. Fixed-term tenancies and periodic tenancies. Fixed-term tenancies run for a defined period of time. Periodic tenancies run periodically.

A landlord can use a section 21 notice to take back possession of a property after the fixed term has expired subject to defined prerequisites, which we discuss in a separate recording. A landlord can issue a section 8 notice any time if the tenant has breached the tenancy terms and the relevant eviction grounds are met. Landlords must comply with all pre-conditions and ensure the correct notice is served.

Wrong Notice Period . Giving the correct notice period is imperative to a successful eviction. Eviction Notice periods have changed. The eviction notice periods are now longer due to Coronavirus (COVID-19). This applies to section 21 notices and section 8 notices. The specific notice periods do differ.

In section 8 matters, where at least six months of rent is unpaid, a minimum 4-week notice period will be required. If less than six months of rent is owed, then the notice period is six months. Where a tenant has passed away or is in breach of immigration rules and does not have a right to rent a property in the United Kingdom, then a minimum 3-month notice period is usually required.
A 6-month notice period is required for all other grounds
Wrong address for service of the eviction notice

Any mistake on a notice could invalidate it—even an error in the address. An address for service often is, but is not always the residential address.

The Wrong timing of service of the eviction notice

Subject to satisfying the relevant requirements of the requisite eviction grounds, a section 8 notice can be served at any time during the tenure of the tenancy. A section 21 notice, however, cannot be validly served within the first four months of the tenancy. Timing is crucial.

The wrong time limits. The notice won't be valid if it's too short or the landlord applies to Court too late.
#JulieCondliffe #PropertyinvestmentlawyersUK #propertyinvestors #ukpropertyinvestment #leaseoptionlawyer #propertyinvestment #propertyinvestor

[mckjimmy]

Please please help.
Im loosing my home in 7 days.
Ive been suffering from severe mental health issues to which i became scared to open letters.

There was a un enveloped letter posted the other day.

I was the main named person on the loan secured gainst the house.
The loan rep, suggested i be the main person as my job was less secure than my girlfriends.
Insurance would help if lost work.

Although i was not on actually even on the mortgage.

The company i took the loan with .
No longer operating.

I belive the company who is taking my house.
Bought the debt off the original company.

Only thing is. I have not borrowed money from this company.
I have not signed any contract with this company.

Signature is key for any contract to be valid
With out the 2 main parties signatures.

How can this new comer, have the plwers to evict me

[grace]

Giggling while talking about evictions.

[yinoveryang]

You’re laughing about being able to threaten your tenants with eviction? Not a care in the world obviously. I’m sure you’re very well-off and living comfortably on other peoples wages, to have such a cheery demeanour as to do such a thing