Case Studies

Tenant eviction in Birmingham

Tenant in occupation for more than 10 years on a statutory periodic tenancy. Rent had always been paid by housing benefit and although the tenant had the means to pay, refused to pay the shortfall for the past few years.

The straw that broke the camels back was when the tenant complained to the council that the property has an infestation of black mould, although she was refusing the landlord access to undertake repairs. On inspection the council agreed with the landlord that the issue was mainly due to the lack of ventilation and the tenants practice of drying wet clothes on the radiator whilst the heating was on and the windows were closed.

In addition to refusing access to carry out inspections and repairs, and not paying the full rent the tenant had also managed to prevent the gas safety certificate from being renewed.

Possession was sought on grounds 8, 10,11, 12 and 13 in schedule 2 of the Housing Act 1988. The court order expired 14 days after the hearing and the landlord had judgement for £5K. We then applied for a warrant of possession to enforce the court order and the tenant was subsequently evicted.

Tenant eviction in London

The tenant was unable to pass the usual referencing checks as he stated he’d been living abroad for the past 10 years. Being a well presented and articulate person the tenant was able to persuade the letting agent that he was likely to be a good tenant and in addition had 6 months rent to pay upfront.

By the end of the 5th month the tenant had made various complaints about the condition of the property, even though the property was in good condition. A number of inspections were arranged with the tenant but he failed to keep all of them. By the time the tenant had been in occupation for 8 months, the tenant owed more than 3 months in rent arrears.

The tenant contacted the agent to ask for copies of the EPC, Gas Certificate, and How to Rent Guide, stating that he had not been provided with these items even though he had.

On instruction we carried out a number of checks and discovered that the tenant had in fact held a number of previous tenancies in the UK, the last of which he was evicted from for a substantial amount of rent arrears. We managed to get a copy of the court order for possession from the previous landlord.

In addition we discovered that the tenant had used bogus references that the landlord had relied on to grant a tenancy. The agent had got the tenant to complete an application form which had contained various untruths as well as the contact details for the bogus referee.

Possession was secured at Central London County Courts in the Strand on grounds 8,10,11,12,12,14 and 17 with judgement for £6500.

Tenant eviction in Manchester

The tenant had been in occupation since 2009 but had no tenancy agreement. Rent payments had been erratic for many years, however the landlord was elderly and was starting to suffer with dementia.

We were approached for help by the son who was very concerned that the tenants who were heavy drinkers and could become abusive , were taking advantage of his father.

Arrears of rent were in excess of £4900 and the tenants were dumping household waste in the back garden rather than using the proper refuse service. This was attracting vermin and complaints from neighbours who were concerned.

Having corroborated roughly how long the tenants had been in occupation and liaised with the local authority who had served notice on the landlord due to the rubbish accumulation in the back yard, we served a s8 notice seeking possession relying on grounds 8,10 , 11, 12, and 13. Possession was granted in 14 days with judgement for the arrears, however as the tenants were on benefit the likelihood of recovering any of the arrears were likely to be slim.

Eviction of licensee

An owner of residential premises allowed a friend of a friend to occupy her home temporarily whilst she moved in with her fiancé. The occupier was given the keys to the house and allowed to be in sole occupation.

The owner had discussed letting the property to the friends friend, who was in the process of securing a deposit and awaiting the outcome of a job application. At this point there had been no discussion of what the rent should be and no rent had been requested or offered and the owner had said they occupier could live rent free until she secured employment.

The owner of the property split up with her fiancé and attempted to return to the property but was refused entry.

The situation become somewhat confused – the occupier wanted to stay and exclude the owner, and the council had told the occupier that the landlord would have to serve a s21 notice to evict her.

Having accepted the commission to secure possession we decided that the occupier was a licensee. We served a notice to quit for 28 days and then started possession proceedings. Possession was granted forthwith in court as the occupier did not have any security of tenure.